• 


I 


f 


THE 

JUSTICE  OF  THE  PEACE, 

EEINCr 

A  GENERAL  DIRECTORY, 

AND 

FORMS  PROPER  FOR  THE  DUE  EXECUTION  OF  THE  OFFICE, 

ACCORDING  TO  THE 

COMMON  AND  STATUTE  LAWS, 

NOW  IN  FORCE  AND  USE  IN 

THE  STATE  OF  CONNECTICUT. 

WJTII  MAN,Y  OTHER  FORMS  NOT  PECULIARLY  APPROPRIATE 
TO  THAT  OFFICE. 


BY  JOSEPH  BACKUS, 

COUNSELLOR  AT  LAW. 


HARTFORD : 
PRINTED  FOR  THE  AUTHOR 

«.&,/.  .Russell,  1'  • 


DISTRICT  OF  CONNECTICUT,  ss. 

s+r~^   BE  IT  REMEMBERED,  That  on  thS  third  day  of  October,, 
»  SEAL    I  in  the  forty-first  year  of  the  Independence  of  the  United  States 
\^^J  °f  America,  Jose'ph  Backus,  of  the  said  District,  hath  deposit- 
ed in  this  office  the  title  of  a  book,  the  right  whereof  he  claims 
AS  author,  in  the  words  following,  to  wit :       ^ 

"  The  Justice  of  the  Peace,  being  a  general  directory,  and  forms  proper 
for  the  due  execution  of  the  office,  according  to  the  common  and  statute 
laws,  now  in  force  and  use  in  the  State  of  Connecticut.  With  many  other 
forms  not  peculiarly  appropriate  to  that  office.  By  Joseph  Backus,  Coun- 
sellor at  Law." 

In  conformity  to  the  Act  of  the  Congress  of  the  United  States,  entitled, 
"An  act  for  theeucQuragement  of  learning,  by  securing  the  copies  of  Maps, 
Charts,  and  Books,  to  the  authors  and  proprietors  of  such  copies,  during  th<* 
times  therein  mentioned." 

HENRY  W.  EDWARDS, 
Cfcrfc  of  the  District  of  Connecticut. 
A  true  copy  of  Record  examined  and  sealed  by  me, 

H.  W.  EDWARDS, 
Ckrk  of  the  Districtof  Connecting 


RECOMMENDATION. 

1  have,  at  the  request  of  JOSEPH  BACKUS,  Esq.  examined 
svith  some  attention,  a  manuscript  work  of  his,  entitled  <v  The 
ATustice  of  the  Peace."  This  work  consists,  of  forms  of  proceed- 
ings, in  civil  and  criminal  cases,  and  of  instruments  of  variou- 
kinds,  with  brief  remarks,  explanatory  of  their  nature  and  use  ; 
so  that  rarely  can  a  justice  of  the  peace  (possessing  this)  be  called 
upon  to  issue  process,  render  up  judgment,  grant  execution,  or 
indeed,  do  any  oCicial  act  relating  to  the  administration  of  jus- 
tice, without  having  at  hand,  forms,  which  will  enable  him  at  all 
times,  to  discharge  his  duty  with  legal  correctness  and  dispatch. 
The  utility  of  such  a  work,  especially  to  Justices  of  the  Peace, 
is  too  obvious  to  admit  of  argument.  And,  I  would  add,  that  in 
my  opinion,  Gentlemen  of  the  profession  of  the  Law,  and  par- 
ticularly those  of  the  younger  class,  will  find  this  work  of  no  in- 
considerable use  to  them,  in  (heir  profession. 

A.  CHAPMAN. 

Newtown,  August  2J,  1816. 


;.23C8 


To  tlie  Honourable  the  Justices  of  the  Peace  in  the  State  of 
Connecticut. 

GENTLEMEN, 

TO  you  the  author  respectfully  inscribes  the  following  work.  It  is  de» 
signed  as  a  companion  in  the  execution  of  the  various  duties  of  your  honour- 
able office.  As  conservators  of  the  peace,  it  is  believed,  you  will  find  it,  in 
conjunction  with  our  statute  book,  a  sufficient  directory.  Forms  which  are 
of  frequent  use,  and  yet  of  different  construction,  on  sudden  occasions,  have 
been  considered  as  important  to  be  inserted.  To  furnish  them  in  sufficient 
numbers  and  variety,  is  attempted. 

As  justices  or  judges  of  record,  your  decisions  ought  to  be  governed  by 
the  rules  which  ought  to  govern  those  of  superior  tribunals.  Those  ruies  ar& 
to  be  found  in  the  numerous  volumes,  which  compose  a  law  iibrarj-,  the  most 
concise  abridgment  of  which  would  alone  require  a  voluminous  work. 

In  all  cases  of  legally  sanctioned  practice,  the  author  has  meant  to  take  if 
as  his  guide.  Where,  in  his  opinion,  the  practice  adopted,  is  subversive  of 
the  law,  and  there  has  been  no  decision  of  a  court  of  ultimate  jurisdiction  in 
its  support,  he  has  deemed  it  best  that  the  law  should  govern.  How  far  he 
has  succeeded  in  his  attempts,  and  accomplished  his  design,  he  leaves  to 
others  to  determine.  While  he  is  sensible  that  an  author  can  claim  no  pat- 
ronage for  his  work,  beyond  its  intrinsic  merit,  he  trusts,  that  it  will  be  tested 
by  the  true  principles  of  law,  before  it  shall  be  condemned.  To  that  test  he 
willingly  submits  it.  • 

In  hopes  that  it  will,  to  you,  gentlemen,  be  as  useful  in  practice,  as  it  has 
boon  to  him  laborious  in  its  composition,  he  subscribes  himself, 
Your  most  obedient,  and 

Very  humble  servant, 

THE  AUTHOR. 
Bridgeport.,  October 4,  1816. 


CONTENTS. 

CHAPTER  I. 

Page. 
Office  and  Appointment, 

CHAPTER  II. 

Criminal  Jurisdiction,  18 

CHAPTER  III. 
Bail  and  Commitment,  -  22- 

CHAPTER  IV. 

SECT.  I.     Of  surety  of  keeping  the  peace  and   being  of 

good  behaviour, 

II.     Complaint  against  a  drunkard,  30 

Warrant,  -  ib. 

Return,  -  ib. 

Plea,  -,  -  31 

Enquiry,  ib. 

Recognizance,  32 

Complaint  against  a  taller  who  invents  and«ows 

false  reports,  &LC.  ib. 

Complaint  against  an  Idler, 
Process  to  find  sureties  to  keep  the  peace  and 
be  of  good  behaviour,  by  wife  against  her  hus- 
band for  threatening,  ib_ 
Oath,  ib, 
Warrant,                                          -.  34 
Enquiry,                                           -  ib. 
R^ognizance,                                          -  35 
Mittimus,              -                                                         ib. 

CHAPTER  V. 

Assajult  and  battery, 

Crmplaint  by  an  informing  officer,  3& 

Warrant,  -  ib. 

Officer's  return,  ib. 

Record,  39 

Mittimus,  41 

Form  of  appeal, 

Information  qui-taun,  -  -         ib. 

Form  of  complaint  for  assault,  &c. 
Warrant,  -  4i 

Record,  46 

Form  of  execution  in  case  where  final  judgment 
is  rendered  !.>/  the  justice  for  fiae,  damages, 


CONTENTS. 

Page, 

Form  ofeontplaint  in  case  of  secret  assault,  47 

Oath,                                         -  ib. 

Form  of  warrant,  48 

Recor:'  of  enquiry,  ib. 

Reco.    :>zance,  49 

Conspiracy. — To  prosecute  an  innocent  man,  50 

Complaint  for  disorders  in  the  night  season,  ib. 

Warrant  and  Record,                            •  51 

CHAPTER  VI. 

Theft,  52 
Complaint  in  petit  larceny,  54 
Warrant,              -  ib. 
Record,              -  ib-. 
Record  of  judgment  on  complaint  by  grand  juror 
where  the  value  of  the  goods  stolen  exceeds 
eighty-three  cents  and  is  less  than  three  dol- 
lars and  thirty  four  cents,  56 
Record  of  judgment  where  the  value  of  the  goods 
stolen  exceeds  $3,34,  and  are  not  of  greater 
value  of  $30,00,  58 
Warrant  of  execution,  ib. 
Record  of  a  judgment  in  case  where  the  articles 
stolen  exceed  the  value  of  $3,34,   and  ao  not 
exceed  the  value  of  $30,00,              -              -  6O 
Warrant  of  execution  and  distress,             -  61 
Record    of  enquiry    in   case    where  the  goods 

stolen  exceed  the  value  of  $30,  .    62 

Recognizance,                            -  63 

Mittimus,  ib. 
Process  issued  on  the  affidavit  of  a  private  person,  64 

Warrant,  65 

Process,  oui-lam  Tor  thet't,  66 

Oath,  ib. 

Se;;rch  warrant,  67 

Officers':;  return,  ib. 

Plea,     '                                                                  -  ib. 

Record  of  enquiry  and  judgment,  68 

Warrant  for  inflicting  the  stripes,  ib. 

Execution,  69 

Complaint  for  receiving  stolen  goods,  ib. 

CHAPTER  VII. 

Burglary,  71 

Complaint,  ib. 

Warrant,  72 

Record  of  enquiry,  ib. 

Condition  of  the  recogni/anfe,              -  73 

Mittimus-      •  ib. 


CONTENTS. 

Page  i 

Complaint  for  stealing  from  (he  person  (com- 
monly called  picking  pockets)  at  an  assem- 
bly collected  to  extinguish  fire.  74 

CHAPTER  VIII. 

Robbery,                  -  76 

Complaint,  ib. 

CHAPTER  IX. 

Forgery, 

Complaint,  ib. 

Counterfeiting  money,  78 

Complaint  for  counterfeiting  money,  ib. 

Complaint  for  passing  counterfeit  money,  ib. 

CHAPTER  X. 

Arson,  80 

Complaint  by  a  grand  juror,  ib. 
Complaint  by  a  private  person  for  arson  with 

the  loss  of  life,                                          -  81 

Warrant,  with  hue  and  cry,  82 

Return  by  the  sheriff'  ot  another  county,  ib. 

Record,  83 

Mittimus,  ib. 

CHAPTER  XI. 

Lascivious  carriage,  .  85 

Complaint,  ib. 

Fornication,  Complaint  for  Ib 

Adultery,  Complaint  for,  -  -  ib 

Bigamy,  Complaint  for  -  86 
Complant  for  being  found  in  bed  with  another 

man's  wife.  -  -  ib 

Complaint  for  wearing  women's  apparel,  -  ib 

Rape,  87 

Complaint  fer  attempting  a  rape,  •  ib 

Complaint  for  a  rape,  -  88 

Warrant,  -  ib 
Complaint  against  a  witness  for  false  swearing  with 

design  to  take  away  a  man's  life,  89 

CHAPTER  XII. 

Mayhem,  00' 

Complaint,                                  -  ib 

CHAPTER  XIII. 

Homicide,                                                       *  91 

Complaint  for  Murder,  92 
Warrant,  with- hue  and  rw.  af'rv  •>.  Tuun.U'rpr,  I!,- 

B 


CONTENTS. 

Page. 

CHAPTER  XIV. 
Concealing;  Pregnancy  with  delivery  and  death  of 

of  bastard  children,  -  -  95 

Complaint  for  concealing  pregnancy,  <^c.  ib 

Complaint  for  concealing  death  of  bastard  children 
«o  that  it  cannot  be  known  whether  murdered  or  not  96 

CHAPTER  XV. 

Dueling,  97 

Challenging  to  fight  a  duel,  ib 

Accepting  a  challenge,  ib 

Carrying  a  challenge.  ib 

Being  present  at  a  duel,  ib 

CHAPTER  XVI. 

Crimes  against  God  and  Religion,  -  98 

Drunkenness,  -  ib 

Process  against  a  person  upon  the  view  of  a  Justice,  ib 
Record,  ib 

Warrant  of  Execution,  99 

Profane  swearing  and  cursing,  100 

Sabbath   breaking,  ib 

Record,  101 

Warrant  of  distress  and  commitment  -  102 

Record  of  judgment  where  a  person  is  taken  by  a 
constable    or  tithing  man  breaking  the    sabbath 
and  brought  before  a  justice  of  the  peace,  ex- 
officio,  without  a  warrant,  -          103 

Complaint  by  informing  officer.  ib 

CHAPTER  XVII. 

Gaining,  105 

Complaint  against  a  gamester,  ib~ 

Complaint  against  the  head  of  a  fain ily  for   per- 
mitting cards  to  be  played  in  his  house  ib. 

Against  a  man  for  selling  playing  cards,  ib. 

For  keeping  playing  cards  for  sale,  ib. 

Against  a  tavern  keeper  for  keeping  playing  cards 

in  or  about  his  house,  4"C.  -  10G 

-Against  a  person  for  keeping  a  billiard  table  ib. 

Against  a  person  for  owning  an  E.  O.     table,  ib. 

Against  a  person  who  has  won  or  lost  at  a  game 

ofhazzard  107 

Against  a  person  who  has  suffered  gaming  in  his 

house,  4'c.  by  which  money,  4-c.  is  won  or  lost,  ib. 

Process  to  starch  for,  seize  and  destroy  an  E.  O. 

or  a  billiard  table  ib. 

Oath,  -  -  ib. 

Warrant,  108 

Officer's  return,  -  ib. 

Record,  -  ib. 

Warrant  of  execution.  -  109 


CONTENTS.  ju 

Pag«. 

CHAPTER  XVIII. 

Perjury,  110 

Complaint  by  a  grand  juror,  -         ib. 

Subornation  of  Perjury  ;  complaint  for,  111 

CHAPTER  XIX. 

Apostacy, — Complaint  for,  1 13 

Blasphemy  ; — Complaint  for,  -         ib. 

CHAPTER  XX. 

Riot.— Complaint   for,  116 

RecorJ  of  prosecution  in   case   of   riot  where  the 
rioters  were  arrested  by  two  justices  assisted  by   • 
the  select  men  and  canstables  of  the  town  after 
proclama  lion  n  ade  -       ib 

Mittimus,  117 

Complaint  for  refusing  to  assist  a  sheriff  or  consta- 
ble in  the  conservation  of  the  peace.  -       118 

CHAPTER  XXI. 

Complaint  for  defaming  a  magistrate.          •  120 

Complaint  for  resisting  a  constable  in  the  execu- 
tion of  a  warrant.  ....  121 

CHAPTER  XXII. 

Treason. — Complaint  for,  .  .  122 

Misprision  of  treason, — Complaint  for,  ib. 

CHAPTER  XXIII. 

Inquisition  of  death,          -  123 

Venire  Facias,          -  ib. 

Jurors  oath, iij. 

Charge  to  the  jury  by  the  justice.  ib. 

Witnesses  oath,  124 

Inquisition,                           -  ib. 


BOOK  II. 

Civil  Jurisdiction.         -         -  12&- 

CHAPTER  I. 

SECT.   I.     Actions  on  contracts,         -         -         -         -  129 
Writ  and  declaration  in  book  debt  where  Ex- 
ecutor sues.             ....  jb. 
Plea,          -                                           -  130 
Record,                             -                             -  ib. 
Form  of  writ  and  declaration  where  administra- 
tor is  sued;         -                            -  131 
Plea,             -                                         -         -  ih 


CONTENTS. 

Page, 

Record,                            ,  132. 
Execution,  ib. 
Form  of  writ  and  declaration,  merchants  in  com- 
pany against  merchants  in  company,   by  at- 
tachment, 133 
II.     Account.          -  134 
Writ   and   declaration,  two  surviving   partners 
against  one  surviving  partner,  whose  body  is 
priviliged  from  arrest,  by  attachment.         -  ib. 
Return.  136 
Plea,             -             -             -  ib. 
Record,                           -             -             -         -  ib. 
Form  of  recognizance  on  appeal,         -             -  138 
IH.     Assumpsit  on  note,  surviving  promisee,  plaint- 
iff, against  surviving  promisor,  defendant,  by 
by  foreign  attachment         -             -         -  139 
On    note,  given  by  merchants  in  company,   to 

merchants  in  company,  by  attachment,     -  140 
Husband  and  wife  against  husband  and  wife,  on 
note  given  by  feme  defendant,  while  sole,  to 
feme  plaintiff,  while  sole,                           -  141 
SECT.  IV.     Writ  and  declaration  by  one  town  against  an- 
other, for  supporting  a  pauper,               -  142 
Writ  and  declaration  on  due  bill,             .  143 
Record,  144 
Declaration  for  rent,  for  the  use  and  occupation 

of  real  estate,         .             .              .  145 
Declaration  for  rent  where  no  price  was  agreed 

upon  by  the  parties.              .              .         .  ib. 

Declaration,  on  promise  for  promise,             .  146 

Declaration  on  account  stated,             .         .  ib. 

?E<-T.  V.     Orders,             .                  .                  .  14? 

Payee,  against  acceptor,  on  an  order  accepted  ib. 

Against  drawer,  on  order  not  accepted,         .  ib. 

SECT.  VI.     Indorsed  notes,             .             .             .  148 

Assignee  against  assignor,  after  suit  against  the 

promisor.         .         .              .             .  ib. 
Assignee  against  assignor,  because  of  insolvency 

without  suit  against  promisor.         .         .  150 

(W-.CT.  YII.     Debt,             ...  151 

Declaration  in  debt  on  due  bill,  ib. 

Debt  for  rent.              .                           .         .  ib. 

Debt  on  bond,             .              .             .  152 

Onjudgment,             .             ,             .  ib. 

On  award,                '  ib. 

Debt  on  recognizance  for  cost,                    .  .  163 

VIII.     Scire  facias  against  special  bail.              .  164 
Scire    facias  on  foreign  .attachment,— vs.    gar- 

nishee.              ...  1SQ 


CONTENTS.  xiik 

•Paqe.  ' 

Plea,  .  .157 

Executor,  vs.  Administrator,             .             .  158 

CHAPTER  II. 

SECT.  I.     Actions  on  statutes,         .             .             .  160 
On  the  statute  against  cutting  trees,             .  ib. 
SECT.  II.     On  the  statute  regulating  stage  and  other  car- 
riage drivers,         .         .             .         .  161 
SECT.  III.     On  statute  against  gaming,  looser  against  win- 
ner of  money,  &.c.                                     <  162 
SECT.  IV.     A  stranger  against  the  winner,   qui-tam,  163 
SECT.  V.       Qui-tam,  against  seller  of  playing  cards,  164 
SECT.  VI.     On  statute  for  preventing  mischief  by  dogs — 
against  defendant  whose  son's  dog  had  killed 

plaintiff's  sheep,             .              .  ib, 
SECT.  VII.    On    statute    to    prevent    passing  counterfeit 
bills,  &c. — Against  defendant  who  had  pas- 
sed a  counterfeit  bank  note  to  the  plaintiff,  165 
Plea,             .                                       .  166 
Record,             .             ,                ,  ib, 

CHAPTER  III. 

SECT.  I.     Actions  founded  on  Torts,  trespass  and  case,  16§ 

Infants  against  infants — assault    and  battery — 

writ  and  declaration,                  .  16f> 

Officer's  return,         .             .                 .  170 

Plea,             .  ib. 

Record,                 .                  .                 ,  ib- 

Husband  and  wife,  against  husband  and  wife, 

writ  and  declaration,                 .                 .  171 

Plea,             .                 .                                  .  ib. 

Record,             .              .  172 

By  master  for  battery  of  his  servant,             .  ib. 

Assault  with  false  imprisonment,  ib. 

SECT.  II.       Slander,                                                  ,  173 

Declaration,             -  ib. 

SECT.  III.  Trover,  174 

Declaration,  ib. 

SECT.  IV.  Deceit,'  175 

Declaration,                            -  ib. 

SECT.  V.    Trespass  on  personal  property,  ib. 

On  real  property,  176 

Another,  with  continuando,  ib. 

Plea,  ib. 

Record,                                                  «  177 

CHAPTER  IV. 

SECT.  I.  Holding  over  of  estate  leased,             -  178 

Complaint,,                            -                  •  ib. 


CONTENTS. 

Summons, 

Officer's  return, 

Plea, 

Venire  Facias, 

Officer's  return  of  the  venire, 

Verdict, 

Record, 

Execution, 


J'ae 


179 

ib. 

ib. 

ib. 
180 

ib, 
181 
182 


CHAPTER  V. 
Forcible  entry,  and  detainer, 
Warrant, 
Venire  Facias. 
Officer's  return  of  venire, 
Plea, 
Verdict, 
Record, 
Form  of  execution, 


185 
186 

ib. 
187 

ib. 
188 

ib. 
189 


CHAPTER  VI. 
SECT.  I.     Bastards, 

Complaint  during  pregnancy, 

Oath, 

Warrant,      t    - 

Officer's  return, 

Plea, 

Record, 

Recognizance, 

Mittimus, 

Complaint  after  delivery, 

Warrant, 

Record, 
BECT.  II.  Complaint  by  select  men, 


CHAPTER  VII. 


SECT.  I. 


191 

ib. 

ib. 

ik 
19? 

ib. 

ib. 


195 

196 
ib 

197 


Replevin,  199 

Form  of  a  writ  of  replevin  of  goods  attacbed  200 

For  beasts  impounded,         -                           -  201 

Officer's  return,                                                 -  202 

Avowry,                               -  ib. 

Plea  in  bar  of  the  avowry,                                 -  ib. 

Replication,                                   .  203 

Judgment  and  record,  ib. 
Form  of  a  writ,  and  declaration  in  replevin,  by 
the  owner,  where  his  goods  or   chattels    arc 
attached,  taken,  or  held,  as  the   property  of 

another,  or  without  any  legal  process,  whatever  205 


CONTENT^.  iv. 
Page, 
CHAPTER  VIII. 

SECT.  I.       Mittimus,  here  the  body  of  a  defendant  has  been 
taken    on  an   attachment,  and  he  refuses  or 

neglects  to  procure  bail,  206 

SECT.  II.     Another,  207 

CHAPTER  IX. 

Judgment  and  pleas,  ^  208 

Of  nonsuit,  ib, 

On  default,  ib. 

Plea  to  the  jurisdiction  of  the  court,  ib. 

Demurrer,  209 

Judgment  ib. 

Plea  in  abatement  ib. 

Demurrer,  210 

Pleas  in  chief  ib. 

Judgment,  211 

Trover  213 

Plea,                                                                    -  ib. 

Judgment  for  plaintiff',                                 -  ib. 
Plea  of  several  defendants  in  trespass,  for  taking 

goods  and  chattels,                                     -  214 

Judgment  ib. 

Plea  of,  owe  nothing  in  book  debt,                  -  215 

Judgment  for  plaintiff,  ib. 

For  defendant,           •  ib. 

Plea  of  full  payment  on  a  note,             -  216' 

Special  demurrer  ib. 

Rejoinder,                             -             -             -  ib. 

Judgment,                                                       .  217 
Recognizance  on  confession  of  debt  on  book,  and 

Judgment  thereon,             -                 -  ib. 

On  note,          -  218 
Form    of  execution,  on  judgment   rendered  on 

confession  of  debtor,  ib. 

CHAPTER    \- 

Depositions,  219 

Form  of  deposition,  ib. 

Form  of  caption,           •  ib. 

Superscription,  220 

CHAPTER  XI. 

Forms  of  deeds,  221 
Of  executors  or  administrators  of  land,  sold  by- 
order  of  the  court  of  probate,  to  pay  debts  ib. 


CONTENTS. 

By  Guardian,  who  sells  minor's  land 

Mortgage  deed,  ...  003 

CHAPTER  XII. 

Indentures  of  apprenticeship,  fyc.  226 

A  father  binding  his  child,  .  .  ib. 

Form  of  indenture  by  guardian  without  property,  226 
By  selectmen,  binding  out  a  poor  boy,  227 
Form,  when  a  boy  is  bound  out  till  fourteen  years 

of  age,  by  selectmen,  .  .  228 

Forms  of  Orders,  Notes,  and  Bills  of  Exchange,  230 

Of  a  single  bill  for  the  payment  of  money,  231 

Of  a  penal  bill  for  the  payment  of  money,      ib. 

Of  a  bond  from  one  to  one,  .  ib. 

From  two  to  one,  .  232 

From  one  to  two,  .  ib. 

Of  condition  of  a  bond  to  pay  money 

at  several  days,  .  .          233 

to  pay  quarterly,  .  234 

Of  a  counter  bond  of  bond  .of  indem  nity,  ib. 

Of  a   counter  condition    where   one   man  is 

bail  for  another, 

Of  a  condition  to  perform  covenants  in  a  deed,    ib. 
To  pav  on  the  marriage  or  death  of 

obligor,  .  236 

At  the  expiration  of  apprenticeship,     ib. 
To   marry  a  woman  at  a  day  lim- 
ited, or  pay  a  sum  of  money,         237 
Of  a   condition  for  the  redemption  of  a  thing 

pawned,  .  .  ib. 

To  indemnify  a  town  against  a  bastard  child,       238 
To  keep  a  person  during  life,  &c.  239 

To  pay  an  annuity,  ib. 

To  the  failhful  service  of  an  apprentice,  ib. 

For  conveying  land,  to  a  purchaser,  &c.        '-       240 
To  make  a  jointure  to  a  rvife,          -  241 

Of  a  bond  in  consideration  of  marriage  to  trustees 

for  the  benefit  of  the  wife  and  children,  ib< 

For  maintaining  a  wife  upon  a  separation,  243 

Of  an  arbitration  bond,  fyc.  ib. 

Of  a  bottomry  bond,  244 

Condition  of  a  bond  to  two  persons  iinpowered 
by  letter  of  attorney  to  get 'Tin  his  estate  and 
pay  ever,  -  245 


CONTENTS.  xVii. 
Page. 

Condition  of  bond  by  the  intended  husband  to 
the  lady's  father  to  pay  her  a  yearly  «um    by 
quarterly  payments,  for  her  separate  use,  246 
A  receipt  in  full  of  all  demands,  247 
Fora  legacy,  ib. 
For  purchase-  money  and  executing  a  conveyance,  ib. 
For  money  for  the  redemption  of  lands         -  ib. 
For  writing?  for  which  the  receiver  is  to  be    an- 
swerable,                -  248 
A  general  letter  of  attorney  to  receive  and  recov- 
er debts,                                 -             -  ib. 
Irrevocable  to  receive  money  due  on  a  bond  249 
To  receive  a  sum  of  money  decreed  in  chancery,  ib. 
From  a  seaman  to  receive  his  wages,           -  250 
To  receive  a  legacy  left  by  will,              .  251 
To  demand  rent  and  enter  on  lands,             .  ib. 
To  sue  for  lands,              .              .              .  252 
To  let  or  sell  lands,  &c,         .              .         .  253 
To  take  out  letters  of  administration  on  the  ef- 
fects of  one  dying  abroad.  ib. 
An  award  by  arbitrators,              .              .  254 
by  an  umpire^             .              .          .  255 
A  submission  to  arbitration,              .              .  256 
A  bill  of  sale  of  goods,              .              .         .  257 
conditioned  in  nature  of  a  mortgage,  ib. 
of  timber,              .              .           .  258 
A  contract  for  the  sale  of  wood,             .  259 
Lease  of  real  estate,              .              .              .  ib. 
A  will,  with  devise  of  land,  goods,  and  chattels,  261 
A  will,  with  codicil,              .              .              .  262 
\  nuncupative,  or  verbal  will.              .  2(>4 


ERRATA, 
n  note  at  bottom  after  the  word  before  insert  the  n«i' 


BetweecoKeret/^  and  jnece*  insert  the  numbe 
87  Note  at  bottom  for  providing  read/nd/n-. 


92—        23  £>e'e  not- 

94_          3  For  enquiring  read  enquiry. 

11  T)e\e  but  on  secular  business. 

16  Add%fterP.        Q-        • 


ar  . 

,34  For  WARRANT  read  ?F/?/  71. 

17  After  sloop  say  into  */«  wrc  of  said  matter.. 

139—        29  .  After  jointly,  dele  and. 

140_        11  For  or  read  an. 

12  Before  wauot  insert  latl. 

21  Describe  the  place  of  defendant's  abode. 

146—        19  After  demanded  say  especially  on  tf,(        d 

17  For  award  read  accord. 

J"  Let  all  the  jurors  sign  1lic  verdict. 


.« 


•- 


THE 

JUSTICE  OF  THE  PEACE. 

====== 

BOOK  I. 

v       CHAPTER  I. 

OFFICE  AND  APPOINTMENT. 

HE  office  of  Justice  of  the  Peace,  is  one  of  the  various 
institutions  which  have  contributed  to  the  preservation  of  civil 
liberty,  in  every  country  where    the    English   language   is  the 
language  of  the   laws   which   govern  it.      It  is  in  those  coun- 
tries only,  where  the   laws   do  in  fact  govern.     Trials  by  jury, 
writs  of  habeus  corpus,  arid  justices  of   the  peace  are  all  Eng- 
lish—each a  pillar  supporting  the   fabric  of  their  free  govern 
ment.     Should  either  be  abolished,  that  fair  fabric  would  imme 
diately  fall.     That  such  is  the  importance  of  the  two  former  all 
civilians  agree,  nor  can  they  deny  it  to  the  latter.     In  a  republic 
like  Connecticut,    its  beneficial   effects  are  peculiarly  obvious. 
Here  it  combines  a  large  and  respectable  body  of  citizens,  ren- 
ders them   active   members   of  the  government  and  immediately 
interested  in  its  support. 

Montesquieu  asserts,  that  the  English  borrowed  the-  idea  ol 
their  political  government  from  the  ancient  Germans  ;  that  that 
beautiful  system  was  first  invented  tn  the  woods.  If  so,  it  must 
to  the  philosophic  statesman,  be  matter  of  curious  inquiry,  whence 
the  cause  of  the  vast  difference  between  the  civil  polity 
of  the  English  and  that  of  every  other  modern  European  nation 
2 


10  JUSTICE  OF  THE  PEACL. 

Office  and  Appointment. 

All  the  inhabitants  of  the  continent  of  Europe  have  long  since 
lost  their  liberties.  If  civil  liberty,  and  the  institutions  for  its 
preservation  were  the  offspring  of  Germany,  why  were  they  not 
transplanted  into  Italy,  France,  and  the  Peninsula,  and  there  pre- 
served as  well  as  in  England  ?  Why  were  they  not  preserved  in 
Germany  it&elf?  Because  they  in  fact  were  never  there  known. 
When  conquerors  settle  down  in  the  countries  conquered,  they  irt 
a  great  measure,  adopt  the  habits,  usages,  and  customs,  as  well 
as  the  language  of  their  new  country  ;  at  least,  such  was  the  fact 
in  relation  to  those  nations  of  the  north  which  conquered  the  Bo 
man  empire,  as  well  on  the  continent  as  in  Britain. 

England  is,  as  far  as  history  throws  any  light  on  the  subject, 
the  natal  soil  of  civil  liberty.  At  some  periods  it  was  indeed 
well  nigh  extinguished.  It  however,  always  soon  emerged  and 
dispelled  the  clouds  of  despotism,  and  shed  its  benign  influence 
through  the  land. 

During  the  repeated  conflicts  between  the  people  and  their 
monarchs  in  different  reigns,  the  latter  attacking,  and  the  form- 
er defending  their  liberties,  many  of  their  most  valuable  insti- 
tutions were  introduced  and  established.  Though  Grand  Juries 
are  mentioned  in- the  reign  of  Ethelred,  and  trial  by  jury  is  said 
to  have  made  part  of  the  code  of  Alfred  the  Great,  yet  it  was  not. 
until  the  reign  of  Charles  the  first,  that  it  was  placed  beyond  the 
power  of  the  monarch.  So  the  writ  of  habeas  corpus,  though 
known  at  the  common  law,  required  the  exertion  of  all  the  wisdom 
of  parliament  in  different  reigns,  to  give  it  the  desired  effect; 
which  was  not  accomplished  until  the  reign  of  Charles  the  se- 
cond.(a) 

By  the  common  law,  many  of  the  great  officers  of  state,  and 
all  the  justices  of  the  King's  Bench,  \vereconservatorsotthe 
p*:uce  throughout  the  realm  ;  a.s  were  sheriffs  and  coroners  in 
their  counties,  and  constables  and  tithing  men  in  their  respec- 
tive districts.  There  were  ako  conservators  of  the  peace  bjp 
• 

(«)-Bl.  Coo.  I.  l?r,. 


JUSTICE  OF  THE  PEACE.  11 

Office  and  Appointment. 

prescription,  and  others  held  to  the  same  duties  by  the  tenure  oi 
their  lauds.  By  the  same  common  law,  by  virtue  of  a  writ  di- 
rected to  the  sheriff,  others  were  appointed  to  conserve  the  peace 
by  the  freeholders  convened  in  the  County  Court,  an  assembly 
not  very  unlike  a  Connecticut  town-meeting.  The  authority  of 
conservators  of  the  peace  by  prescription,  tenure,  and  popular 
election,  was  superseded  by  commissioners  of  the  peace  appoint- 
ed under  the  statute  of  the  1st  of  Edward  III.  Ch  16.  (6)  While 
that  authority  continued,  it  was  the  same  as  that  of  constables  at 
the  present  day  by  common  law  and  our  own  statutes. (c) 

After  the  deposition  of  Edward  II.  and  his  son  Edward  III. 
had  ascended  the  throne,  his  father  still  living,  the  condition  in 
which  the  reigning  monarch  was  pJaced,  rendering  him  suspicious 
of  the  fidelity  of  the  officers  lately  acting  under  the  authority  of 
his  father,  his  active  mind  sought  an  expedient  to  prevent  the 
evils  he  feared.  In  A.  D.  1327,  the  first  year  of  his  reign,  he 
obtained  the  enactment  of  a  statute,  wherein  it  was  ordained, 
•<  that  for  the  better  maintaining  and  keeping  the  peace  in  every 
county,  good  men  and  lawful,  who  were  no  maintainers  of  evil 
or  abettors  in  the  county,  should  be  assigned  to  keep  the  peace.'* 
Thus,  taking  from  the  people  the  election  of  conservators  of  the 
peace,  and  giving  it  to  the  king  ;  this  assignment  being  construed 
to  be  by  the  king's  commission. (d~)  But  they  were  still  called 
only  conservators,  wardens,  or  keepers  of  the  peace,  until  the 
statute  of  the  34,  Edward  IIJ.  Ch.  1.  gave  them  the  power  of  try- 
ing felonies,  when  they  acquired  the  more  honourable  appellation 
of  justices. (e]  According  to  Dalton,  they  are  styled  justices,  be- 
cause they  are  judges  of  record  ;  and  commissioners  of  tlie  peace, 
because  they  derive  their  authority  from  the  king's  commis- 
sion^/) Though  the  office  was  instituted  by  ths.lst  of  Edward 
III.  it  seems  that  like  the  old  cx-ofllcio  conservators  of  the  peace, 
they  could  only  arrest  and  recognize  to  keep  the  peace,  or  com- 
mit for  want  of  such  recognizance  ;  but  had  no  power  to  try  and 
sentence  the  accused  for  any  offence,  until  the  aforementioned 

•(ft)  131.  Com.  I.  351.         (f)  Vide  Com.  Con.  por «, 
(<T)  Bl.  Com.  351.  («)'l!?id.        (/)Ibid. 


12  JUSTICE  OF  THE  PEACE . 

Office  and  Appointment. 

statute  of  the  34th  of  the  same  Edward  III.(g)  By  virtue  ol 
various  subsequent  statutes,  their  powers  were  from  time  to 
time  enlarged,  till  their  duties  became  very  complicated  and 
important,  (h) 

The  happy  influence  of  the  institution  upon  society  in  Eng- 
land was  such,  that  our  ancestors  who  migrated  to  this  country, 
regardless  of  its  kingly  origin,  though  in  grain  republicans,  and 
disgusted  with  royalty,  it  is  believed,  adopted  it  in  the  first  organ- 
ization of  their  civil  polity.  The  English  statutes  enacted  before 
that  migration,  and  applicable  to  the  state  of  society  here,  not 
superseded  by  some  statute  of  our  own,  have  ever  been  recogniz- 
ed as  laws  regulating  the  execution  of  the  office  of  justice  of  the 
peace  in  Connecticut.  Indeed  the  before  mentioned  statute  of 
the  1st  of  Edward  III.  seems  to  have  been  the  only  one  constitu- 
ting the  office  of  justice  of  the  peace  in  this  state,  and  so  far  as  I 
can  discern,  in  the  rest  of  New-England.  In  the  oldest  colonial 
statutes  in  Connecticut,  we  find  commissioners  associated  with 
magistrates  in  the  administration  of  justice.  The  term  magis- 
trate seems  to  have  been  applied  only  to  members  of  the  coun- 
cil, consisting  of  the  Governor,  Lieutenant-Governor,  and  assist- 
ants. This  body  collectively  exercised  all  the  judicial  powers 
subseqently  assigned  to  the  Superior  Court. (i)  The  term  com- 
missioner designated  the  same  officer  who  in  the  revision  of  the 
statutes  A.  D.  1702,  is  styled  justice  of  the  peace  (i) 

Further  evidence  of  the  immediate  derivation,  of  the  office 
from  the  English  statute  of  1st  Edward  III.  is  collected  from  the 
commission  and  oath  for  justices  of  the  peace  now  in  use  in  this 
state.  The  oath  mutatis  mutandis,  being  a  copy  of  the  English 
oath,  and  the  commission  a  transcript  of  the  English  commission  of 
justices  of  the  peace  of  the  date  of  the  18th  of  Edward  III.  omit- 
ting only  in  our  commission  some  of  the  particulars  contained  in 
the  English^")  The  language  of  our  statutes  wherein  commis- 
sioners or  justices  of  the  peace  are  first  mentioned,  is  such  as 
would  be  proper  only  when  mentioning  offices  well  known',  and 

(g)  Bl.  Com.  351.  (A)  Ibid. 

0  St.  p.  201.  note  7.  pv205  note  27.        (•]  )  III.  Burns1  Jus.  Dal.  Jus.  6. 


JUSTICE  OF  THE  PEACE.  13 

(Mice  and  Appointment. 

*he  duties  of  which  were  then  understood.  In  the  year  1711,  it 
was  enacted,  that  justices  of  the  peace  in  each  county,  being  first 
appointed  by  the  General  Assembly  vshall  be  commissioned  and 
authorized  to  the  execution  of  their  office,  by  a  commission  sign- 
ed by  the  Governor  or  the  time  being,  and  sealed  with  the 
colony  seal ;  and  shall  be  sworn  to  a  faithful  discharge  of  the 
same.(/;)  This  statute  has  suffered  no  alteration  since,  and  is 
now  in  force.  The  manner  of  their  appointment  is  by  bill, 
which  may  originate  in  either  House,  and  on  which  the  othe* 
has  a  negative.  The  Commission  is  in  the  form  following,  viz.," 

COJlfMI$SIOM. 

The  State  of  Connecticut  in  the  United  States  af  America, 
To  Joseph  Silliman,  Daniel  B  Cook,  Ebenezer  Davenport^ 
Samuel  Whiting,  Samuel  Rowland,  Gersham  Burr,  &c.  (naming 
all  the  Justices  of  the  Peace  in  the  county^)  Esquires, 

Know  Ye,  that  we  have  assigned  you  and  every  of  you,  joint- 
ly and  severally  to  keep  the  peace  in  the  county  of  Fail-field, 
within  the  state  aforesaid,  and  to  keep  and  cause  to  be  kept  all 
the  laws  and  ordinances  that  are  or  shall  be  made  for  the  good 
of  the  peace  and  conservation  of  the  same,  and  for  the  quiet  rule 
and  government  of  the  people  within  the  county  aforesaid  ;  and 
to  chastize  and  punish  all  persons  offending  in  the  county  afore* 
said  against  the  said  laws  and  ordinances  or  any  of  them,  as  ac- 
cording to  those  laws  or  ordinances  shall  be  fit  to  be  done. 
And  to  cause  to  come  before  you  or  any  of  you,  all  those  persons 
who  shall  threaten  any  one  in  his  person  or  estate,  to  find  suffi- 
cient sureties  for  the  peace  and  t;ooJ  behaviour,  or  in  default 
of  their  finding  sureties,  to  commit  the:u  to  gaol  or  safe  custodv 
until  they  shall  so  do. 

And  we  have  assigned  the  said  Joseph  Silliman,  Daniel  B. 
Cook,  Ebenezar  Davenport,  and  Samuel  Whiting,  Esquires,  to 
assist  the  judge  of  the  County  Court  for  the  county  aforesaid, 
to  enquire  of,  hear,  and  determine  by  u  jury  or  otherwise,  ac- 
cording to  law,  all  causes,  matters,  anil  things  civil  and  crimi 
nal,  cognizable  by  said  co'irt. 

ffc)  1  St.  r.  42-?     . 


14  JUSTICE  OF  THE  PEACE. 

Office  and  Appointment. 

And  we  do  also  assign  you,  the  said  Samuel  Rowland,  and 
Gushera  Burr,  <$*c.  (naming  the  whole  in  the  county^  and  each  of 
you,  to  hear  and  .determine  all  causes,  matters,  and  things,  civil 
and  criminal,  which  any  one  assistant  in  this  corporation*  now 
hath,  or  hereafter  shall  have  power  by  law  to  hear  and  deter- 
mine. And  I|  do  command  you  and  every  of  you,  that  you 
diligently  intend  the  keeping  of  the  peace,  laws  and  ordinances, 
and  all  and  singular  other  the  premises,  and  perform  and  fulfil 
the  same,  doing  therein  what  to  justice  appertains  according  to 
the  laws  of  this  state.  In  testimony  whereof,  we  have  hereunto 
caused  the  seal  of  our  said  state  to  be  hereunto  affixed.  Wit- 
ness, Joh,n  Cotton  Smith,  Governor  of  our  said  state  of  Connecti- 
cut, and  with  the  consent  of  the  General  Assembly  of  the  same 
in  Hartford,  this  28th  day  of  May,  A.  D.  1815. 

JOHN  COTTON  SMITH. 

By  his  Excellency's  command, 
Thomas  Day,  Secretary. 


In  the  assigning  of  justices  of  the  quorum  in  the 
;t  is  varied  from  the  English  form,  only  in  relation  to  their  assist- 
ing the  judge  pf  the  County  Court,  an  officer,  as  such,  not  in 
England  known  ;  but  the  other  special  powers  given  to  any  two 
or  more  of  them  in  the  English  commission,  are  the  same  with  those 
;n  our  own  to  the  same  officers.  Various  statutes  also  in  England, 
as  well  as  in  this  state,  give  certain  powers  to  two  justices  of  the 
oeace,  quorum  unus.(l)  There  is  however,  this  difference  be- 
tween the  practice  in  England  and  in  this  state  ;  there,  almost 
every  justice  of  the  peace  is  one  of  the  quorum—  here,  four  only 
are  appointed  in  each  count}-.  There  formerly,  it  was  the  cus- 
!om  to  appoint  only  a  select  number  of  justices,  eminent  for 
iheir  skill  and  discretion,  to  be  of  the  quorum  ;  but  now  the  prac- 
tice is  to  advance  almost  all  of  them  to  that  dignity.  Our  prac- 
tice is  therefore  still  in  conformity  with  what  it  was  in  England, 
probably  at  the  time  of  its  adoption  here.(wi) 

*  It  would  seem  that  since  the  stale  has  become  independent  and  eovereigB 
ibe  word  state  ought  to  be  substituted  for  Corporation. 
•*•  Why  is  the  singular  hero  used  !  Who  is  I  ? 

(0  Dal.  Jus.  (n)  1.  Bl.  Com.  351  - 


JUSTICE  OF  THE  PEACE.  15 


Office  and  Appointment. 


The  only  oath  by  the  laws  of  this  state  prescribed  to  be  tak- 
en by  a  justice  of  the  peace  after  his  appointment,  and  being 

commissioned,  is  in  the  form  following,  vi/,- 

f 

OATH. 

You  swear  by  the  name  of  the  ever  living  God,  that  as  jus- 
tice of  the  peace  in  the  county  of according  to  the  com- 
mission* given,  you  will  administer  justice  equally  and  impar- 
tially in  all  cases,  and  do  equal  right  to  the  poor  and  to  the  rich, 
after  your  best  skill  and  power,  and  according  to  law  ;  and  you 
shall  not  be  of  council  in  any  quarrel  that  shall  come  before  you, 
nor  let  for  gift  or  other  cause,  but  well  and  truly  do  your  office  of  jus- 
tice of  the  peace,  taking  only  your  lawful  fees  ;  and  you  shall  not 
direct  or  cause  to  be  directed,  any  warrant  by  you  made,  to  the 
parties,- but  you  shall  direct  your  warrant  to  the  sheriff,  his  dep- 
uty or  tonstable,  or  other  officer  proper  for  the  execution  of  the 
same,  or  to  some  indifferent  person  ;  and  this  you  shall  do  with- 
out favour  or  respect  of  any  persons. t(») 

So  help  you  God. 

The  commission  is  comprised  ift  three  distinct  paragraphs  : 
the  first  authorises  the  conservation  of  the  peace  by  all  the  jus- 

*  It  is  worthy  of  remark,  that  though  the  first  obligation  of  the  oath,  is  to  ex- 
ecute the  office  according  to  the  commission,  which  in  fact  enjoins  impor- 
tant duties  not  particularly  set  forth  in  any  statue,  yet  no  provision  is  made  to 
acquaint  the  justice  with  the  contents  of  that  commission ;  and  it  is  to  be 
presumed,  that  not  one  quarter  of  the  justices  in  the  state  esver  saw  or  heard  it 
read.  In  England,  and'ibrmcrly  in  the  neighbouring  states,  a  Court  of  gener- 
al Sessions  consisting  of  all  the  justices  in  the  County,  nsed  to  be  held  quarter 
yearly  when  the  commission  was  read  in  open  Court  by  the  Clerk.  Where 
this  in  the  practice,  a  general  commission  may  be  sufficient,  but  it  is  far  other' 
wise  in  this  State  where  no  such  means  of  knowing  the  Contents  of  the  com- 
mission exists,  it  would  seem  that  the  form  at  least  ought  to  have  beeninsert- 
'••d  in  the  Statute. 

t  Why  the  phraseology  of  the  oath  should  not  Ions;  before  this  time  have  beer, 
corrected  so  as  to  render  it  at  the  least  grammatical,  I  am  at  a  loss  to  conjec- 
ture. In  four  different  instances  the  word  shall,  is  substituted  for  the  word 
will.  This  not  only  has  a  very  awkward  appearance,  but,  may  indeed  affect 
<hc  very  obligation  of  the  oath,  Iti=  hoTPvpr,  in  this  respect,  in  exs^t  cop<r 
ffom  its  English  original. 
<>}!  St,  - 


16  JUSTICE  OP  THE  PLACE, 

(Mice  and  Appointment. 

tices  named,  indiscriminately.  In  doing  this,  each  justice  may 
act  by  himself,  or  any  two,  or  more,  may  proceed  jointly  in  the 
exu.  Jiion.  The  second  designates  the  justices  of  the  •quorum, 
and  assigns  to  them  specific  duties,  as  such.  The  third  consti- 
tutes each  one  a  justice,  or  gives  to  him  the  powers  and  author- 
ities appropriate  to  judges  only,  in  matters,  causes,  and  things, 
civil  and  criminal,  which  they  are  separately  authorized  to  hear 
and  determine.  It  is  from  the  powers  contained  in  this  para- 
graph, that  they  become  entitled  to  the  appellation  of  justices, 
that  is,  judges  of  record,  (o) 

In  the  first  paragraph  of  the  commission  the  words  jointly  and 
se-v'erally,  have  an  appropriate  meaning,  and  authorize  two  or 
more  to  issue  process  returnable' before  them  jointly,  and  to  ren- 
der a  joint  judgment,  otherwise,  the  expression  must  be  altogether 
nugatory,  (p)  Whatsoever  one  justice  alone  may  do  under  the 
first  paragraph  of  the  commission,  the  same  may  be  lawfully 
done  by  two  or  more.  But  if  the  law  authorize  two  to  do  a 
particular  act,  it  cannot  be  done  by  one  alone,  but  may  by  more 
than  two.  Yet,  if  the  statute  give  jurisdiction  to  two  justices  to 
try  an  offender  for  a  misdemeanor  or  breach  of  the  peace,  one 
justice  may  issue  his  warrant  to  arrest  the  accused  and  make  it 
returnable  before  himself  and  another,  and  on  the  trial  they  may 
proceed  jointly.  If  an  authority  be  given  to  two  justices,  quorum 
nuns,  it  must  appear  that  one  was  of  the  quorum,  or  the  proceed- 
ings will  be  void,  (r)  So  if  a  thing  be  required  to  be  done  by 
ivro  or  more  justices  of  the  peace,  they  must  be  both  or  all  pre- 
sent at  the  execution  of  it,  and  act  jointly  and  not  separately, 
one  at  onetime  and  place  and  another  at  another  time  and  place. 
As  where  two  justices  arc  empowered  to  bail  a  person  they  must 
be  both  present  to  do  it  ;  and  if  they  are  not  so  present  and  one 
sign  the  recognizance  and  then  send  it  to  the  other  it  will  be 
void  (s) 

(o)  Dalt.  Just.  p.  7.  (77)  Co.  Lit.  181.   6.    Dal.  Just.  27. 

(q)  Dalt.  Jus. p.  24,  26,  27.  Salk.  477.    (r)  III.  Mod.  Rep.  14.  152 
r->  III.  Bac.  Abr.  293.  VI.  Mod.  Rep.  180. 


JUSTICE  0*F  THE  PEACE.  17 

Offiice  and  Appointment. 

If  a  statute  direct  a  thing  to  be  done  by  the  next  justice,  it  must 
be  the  next,  but  if  it  say  by  a  justice  of  the  peace  in  or  near  the 
place,  any  justice  in  the  Couhty  may  serve. (?) 

No  person  can  at  the  same  time  hold  the  office  of  justice  of  the 
peace,  and  either  that  of  sheriff,  deputy  sheriff,  or  constable,(w) 
nor  be  a  tavern  keeper.  (T;) 

(0  2  Kel.  78,  see  Confra.  Roots'  Rep.  (n)  2  St.  8'! 

(t>)I.  S1422. 


Jb  JUSTICE  OF  THE  PEACE. 

Criminal  Jurisdicu  D. 

CHAPTER  II. 

CRIMINAL  JURISDICTION. 

HE  jurisdiction  of  a  justice  of  the  peace  in  cases  criminal, 
extends  to  every  person  within  the  county  to  which  he  belongs. 
He  may  take  cognizance  of  offences  committed  by  his  nearest 
relations  or  wherein  they  are  the  sufferers  ;  and  even  in  some 
instances  where  he  himself  is  the  person  injured  :  such  as  an 
assault  on  his  person,  or  contempt  committed  while  acting  in  his 
office  as  a  justice  of  the  peace. (a)  Common  pru'dence  and  dis- 
cretion will,  however,  dictate  to  him  in  all  cases  wherein  his  near 
relatives  or  himself  may  be  immediately  concerned  in  the  trans- 
action, to  avoid  attempting  any  judicial  proceeding  which  can  be 
performed  by  any  other  justice.  Perhaps  to  punish  a  contempt, 
is  the  only  case  which  necessarily  devolves  upon  him.  In  other 
cases  where  he  may  be  supposed  liable  to  partiality,  he  ought  to  do 
no  more  by  his  own  authority ,  than  to  arrest  the  offender,  and 
cause  him  to  be  Carried  before  some  other  justice  for  trial, 

The  warrant  of  a  justice  of  the  peace  is  sufficient  for  the  arrest 
}f  the  highest  officer,  civil,  military,  or  naval  of  the  state  or  nation, 
if  within  his  county  ;  or  who  shall  have  violated  the  peace  of 
the  state  within  his  county,  and  to  be  found  in  any  other  county 
in  the  state  :(&)  There  can  be  no  such  officer  or  other  person, 
but  he  must  submit  to  the  constable  armed  with  a  warrant  from  a 
justice  of  the  peace,  setting  forth  on  the  face  of  it  sufficient  cause 
for  arrest.  In  England,  where  the  supremacy  of  the  civil  au- 
thority is  acknowledged  and  felt,  the  subject  of  whatever  rank, 
whether  general  or  admiral,  who  should  resist  a  constable  in  the 
execution  ofa  lawful  warrant,  from  a  jastice  of  the  peace,  would  do 
t  at  the  peril,  not  only  of  losing  his  commission,  but  of  suffering 
other  condign  punishment.  The  supremacy  ofthe  civil  authority, 
;s  the  grand  bulwark  of  civil  liberty.  Should  the  trial  ever  be  here 
made  and  the  result  be  different,  it  would  seal  the  destruction  c4 

fa)  3  Burns  Just.  27.  Dalt.  Jur .  193  (6)  1  St.  p  42S- 


JUSTICE  OF  THE  PEACE. 


Criminal  Jurisdiction. 


our  boasted  liberties  forever.  The  justice,  or  constable,  who 
will  not  in  such  case  support  the  rights  of  the  civil  power  to  his 
utmost,  ought  to  meet  universal  execration,  and  the  punishment  of 
treachery. 

As  the  warrant  .of  a  justice  of  the  peace  may  run  for  the  arrest  of 
any  person  within  his  county,  or  within  the  state,  for  an  offence 
committed  within  the  county,  whereof  he  is  a  justice,  so  it  may 
be  issued  on  the  requisite  information,  stating  the  commission  of 
any  crime  whatever  known  to  our  laws  ;  from  the  smallest  breach 
of  peace  up  to  high  treason  against  the  state,  or  the  United  Stales. 
If  the  penalty  for  the  offence  for  which  the  offender  is  arrested, 
do  not  exceed  a  fine  of  seven  dollars,  or  the  infliction  often  stripes, 
the  justice  before  whom  the  warrant  is  returnable,  may  proceed 
to  final  judgment  and  sentence  of  the  law.  But  from  such  sentence 
the  prisoner  may  appeal  to  the  next  county  Court,  within  the 
county,  (except  in  prosecutions  for  drunkenness,  profane  swearing, 
cursing,  and  sabbath  breaking)  which  appeal  must  by  the  justice 
be  allowed,  if  the  prisoner  give  sufficient  security  for  prosecuting 
his  appeal.  (c) 

If  the  prosecution  be  for  theft,  the  final  jurisdiction  of  the  jus- 
tice is  governed  by  the  value  .of  the  goods  stolen,  which  must  not 
exceed  thirty  dollars,  (d) 

In  prosecutions  for  crimes,  by  law,  beyond  the  jurisdiction  of  a 
justice,  he  may  on  the  hearing,  acquit  the  prisoner,  or  adjudge 
hi?!1  to  recognize  with  surety  to  appear  before  the  county  or  Su- 
periour  Court,  or  commit  him  to  prison  to  take  his  trial,  either 
for  want  .of  bail,  or  because  the  offence  charged  and  the  evidence 
supporting  such  charge,  render  bailing  improper  or  unlawful,  act 
cording  to  the  nature  of  the  offence,  for  which  the  prisoner  is 
prosecuted  (e)  He  ought  however,  in  all  cases  to  discharge  the 
prisoner,  where  the  charges  against  him  are  not  supported  by  ev- 
idence which  satisfies  the  justice  of  his  guilt  ;  imprisonment  being 

(<•)  1  St.  230,  231.  1  Root  163.   DM.  Jus.  201.  (d)  2  St.    139 

ff)  Ibid.  230. 


4:0  JUSTICE  OF  THE  PEACE. 

Criminal  Jurisdiction. 

a.  punishment  never  to  be  inflicted  on  a  freeman,  but  by  a  judg- 
ment  founded  on  lawful  evidence  of  his  guilt  of  a  crime  ;  for 
which  that  is  a  lawful  punishment,  and  confinement  for  trial,  be- 
fore it  takes  place,  operates  as  a  punishment  as  much  as  that 
which  is  inflicted  by  a  final  sentence. 

In  this  state,  an  inquiry  before  a  justice  of  the  peace,  is  in  a 
veyy  many  cases,  substituted  for  that  before  a  grand  jury  in 
England,  and  the  neighbouring  states.  But  a  grand  jury  which 
/should  find  an  indictrr.ent  true,  when  in  fact  they  did  not  believe 
it  so,  on  evidence,  on  which  alone  they  would  not  as  petit  jurors 
•-onvict  the  prisoner,  ought,  and  certainly  would  if  known,  belaid 
by  the  heels,  or  suffer  the  just  punishment  for  their  perjury. 

The  district  within  which  a  justice  of  the  peace  is  to  exercise 
Criminal  jurisdiction,  is  the  County  for  which  he  is  appointed. 
The  crime  must  be  committed  there.  There  he  must  sign  his 
warrant,  and  do  every  judicial  act.  When  the  warrant  is  to  be 
served  without  the  County,  it  must  be  directed  to  an  officer  of  the 
County  or  Town  where  the  offence  was  committed  by  name  and 
office,  or  to  an  indifferent  person  :(/)  but  neither  can  be  com- 
pelled to  undertake  the  execution  of  it. 

The  Governor,  Lieutenant  Governor,  each  Assistant  and  Judge 
of  the  Superior  Court,  being  justices  of  the  peace,  ex-officio,  may 
execute  the  office  throughout  the  State,  and  direct  their  warrapts 
to  any  Sheriff  or  Constable  therein,  (g) 

In  all  cases  where  an  oath  is  by  law  prescribed,  it  may  be  ad- 
ministered by  a  justice  of  the  peace,  unless  it  is  expressly  de- 
clared by  such  prescription,  that  such  oath  shall  be  administered 
by  some  other  officer  or  person  particularly  specified.  But  the 
general  authority  to  administer  oaths  in  judicial  proceedings, 
and  where  prescribed  by  law,  does  not  warrant  justices  to  ad- 
minister oaths  in  ca.-;es  not  by  law  required  or  authorized.  So  to 
do,  is  a  prostitution  of  office  for  the  purposes  of  profane  swearing, 

(f)l  St.  423.  1   Root  403.    2  Ib.  357.   Dal.  Jus.  25,  26,  379.  4  Com. 
Die;.  57.  3  Bac.  Abr.  293.  2  H.  P.C.  44,50.  (#)  Ibid. 


JUSTICE  OF  THE  PEACE.  2i 

Criminal  Jurisdiction. 

and  is  an  indictable  offence,  punishable  by  fine  and  imprison- 
ment, (h)  of  which  all  who  are  in  commission,  of  the  peace  ought 
to  take  good  heed. 

When  any  assistant  or  justice  of  the  peace  has  plain  view  01 
personal  knowledge  of  any  persons  being  guilty  of  drunkenness, 
profane  swearing,  or  cursing,  or  sabbath  breaking,  such  assistant 
or  justice,  may,  ex-qfficio,  issue  his  warrant  against  the  offender, 
convict  him  on  such  personal  knowledge,  and  sentence  him  ac- 
cording to  the  nature  of  the  offence  and  the  requirements  of  tho 


C/«)  Coke  Inst.  part  3  p  165.  (i)  1  St.  231 


JUSTICE  OF  THE  PEACE. 


Bail  and  Conunitnjent. 


CHAPTER  III. 

BAIL  AND  COMMITMENT. 


B 


I  AIL,  is  freeing  or  setting  at  liberty,  one  who  is  arrest- 
ed or  imprisoned  on  legal  process,  by  the  prisoner's  giving  se- 
curity, that  he  will  appear  before  the  court,  having  jurisdiction 
.of  the  offence,  to  answer  to  the  matters  for  which  he  is  held,  and 
to  abide  the  orders  of  such  court  thereon.  The  security  given  in 
common  cases,  is  by  the  prisoner,  jointly  with  one  or  more  res- 
ponsible persons,  entering  into  a  recognizance  to  the  state,  in 
such  sum  as  in  the  opinion  of  the  justice,  will  secure  the  appear- 
ance of  the  prisoner,  either  voluntarily,  or  by  compulsion  of  his 
sureties,  (which  compulsion  they  have  a  right  to  use,)  to  take 
his  trial  for  the  offence  with  which  he  is  charged. 

Commitment  is  by  a  warrant  directed  to  a  proper  officer,  setting 
forth  the  cause  for  which  the  coormitment  is  ordered,  him  requir- 
ing to  convey  the  prisoner  to  the  common  gaol  in  the  County,  and 
him  there,  with  such  warrant,  deliver  to  the  keeper  thereof,  and 
requiring  such  keeper  to  receive  and  hold  the  prisoner  in  his 
custody  in  such  gaol,  until  he  shall  be  delivered  by  order  of  law. 

When  a  delinquent,  chargedwitb  any  criminal  offence,  is  legil- 
ly  brought  before  a  justice  of  the  peace,  it  is  his  duty  without 
delay  to  enquire  into  the  facts  with  which  the  prisoner  is  charged, 
by  an  examination  of  lawful  witnesses  ;  but  he  cannot  compel  the 
prisoner  to  furnish  evidence  against  himself,  by  answering  inter- 
rogatories designed  to  draw  forth  a  confession  of  circumstance? 
which  may  go  to  prove  his  guilt.  If  on  enquiry,  the  justice  be- 
lieves the  prisoner  guilty,  and  the  crime  is  not  capital,  nor  within 
;he  final  jurisdiction  of  the  justice,  he  must  admit  him  to  bail,  if 
he  will  give  it,  otherwise,  commit  him  to  gaol  untfl  delivered  by 
irder  of  Jaw, 


JUSTICE  OF  THE  PEACE. 


Of  Surety  for  keeping  the  Peace,  arid  being  of  Good  Behaviour. 


CHAPTER  IV. 

OF  SURETY  FOR  KEEPING  THE  PEACE,  AMD 
BEING  OF  GOOD  BEHAVIOUR. 

JL  HE  term,  peace,  denotes  that  condition  of  the  body  politic, 
»n  which  no  person  eithersuffers,  or  has  just  cause  to  fear  any  in- 
jury to  the  person  or  possessions  of  any  one  therein,  from  the  vio- 
lence of  another,  expressed  either  in  threatening  words,  furious 
gestures,  force  of  the  body,  or  any  other  force  used  in  terro- 
rem.  (a) 

This  peace  may  be  violated  by  tumultuous  and  offensive  car- 
riage, traducing,  quarrelling,  challenging,  assaulting,  beating  or 
striking  any  other  person,  or  by  threatening  to  beat  or  kill  any 
person,  or  to  burn  his  house,  or  otherwise  to  injure  his  person  or 
destroy  his  property. (&)  Every  the  least  wilful  violence  com- 
mitted on  the  person  of  another,  is  a  breach  of  the  peace,  (c) 

The  first  duty  enjoined  upon  justices  in  their  commission  is 
to  keep  the  peace.  In  the  performance  of  this  duty,  each  may, 
ex-officio,  arrest  and  bind  to  keep  the  peace,  offenders  who  violate 
it  in  his  presence,  and  commit  to  prison  such  as  refuse,  until  they 
comply.  (<2)  He  may  also  commit  all  who  are  brought  before 
him  by  a  constable  for  a  breach  of  the  peace  in  the  presence  of 
.such  constable,  (d)  I'ide  general  duties  of  constables. 

Every  justice,  in  his  discretion,  may  ex~officio,  not  only  bind  to 
keep  the  peace,  all  who  viojate  it  by  either  striking  or  threaten- 
:ng,  but  also  such  as  contend  only  in  hot  words  :(c)  those  who  iu 
his  presence  and  hearing,  threaten  to  kill  or  beat  or  in  any  way 
hurt  another,  may  by  him  be  bound  to  keep  the  peace.  So  he  may 
^uch  as  go  orride  armed  offensively,  or  with  unusual  number  of  at- 

(a)  Jacob  Law  Diet.  (6)  1  St.  545.  1  H.  P.  C.  253.  Dal.  Jus.  10, 

(c)  Hawk.  PI.  C.  251.  (d)  1  Hawk.  P.  C.  25,  Dal.  Jus.  36. 

M  Dal.  Jus.  37. 


24  JUSTICE  OF  THE  PEACE. 

Of  Surety  for  keeping  the  Peace,  and  being  of  Good  Behaviour. 

tendant?  in  his  presence,  to  the  terror  of  the  people  ;  for  such 
conduct  may  be  judged  an  affray  and  an  inchoate  breach  of  the 
peace.  If  any  person  threaten  to  kill,  maim,  or  beat  another,  or 
attempt  to  do  it  in  the  presence  of  a  constable,  he  may  arrest 
such  offender  and  carry  him  before  a  justice  of  the  peace.  Or,  if 
a  constable  perceive  any  persons  in  his  presence  about  to  vio- 
late the  peace  by  drawing  weapons,  or  by  striking  or  assaulting 
one  another,  or  by  assaulting  the  constable  himself,  he  may  take 
assistance  and  carry  them  all  before  a  justice,  to  find  sureties  of 
the  peace,  and  in  either  case,  he  may  bind  them  to  keep  the 
pcace.(/) 

As  a  justice  may,  ex-qffLcio,  grant  a  warrant  to  bring  before  hiiri 
one  who  threatens  in  his  presence,  so  he  rnay  en  complaint  by 
one  who  requires  surety  of  the  peace  against  another  fdr  like 
th  reals.  (£) 

All  persons  of  sufficient  discretion  to  know  the  nature  of  the 
application,  may  of  right  demand  surety  of  the  peace  :  even  a 
wife  against  her  husband  who  threatens  to  kill  her  or  beat  her 
outrageously,  or,  if  she  have  notorious  cause  to  fear  he  will  do  ei- 
ther. And  also  a  husband  against  his  wife  for  the  like  causes. (h) 
And  if  a  justice  be  present  when  any  such  cause  arises,  he  need 
pot  wait  for  application,  but  may  proceed  presently  to  bind  thenl 
to  keep  the  peace. (t) 

Surety  of  the  peace  may  be  demanded  by  and  against  infants 
under  fourteen  years,  which  must  be  granted.  But  infants  and 
femes  covert  must  be  bound  by  sureties  only  ;  and  if  unable  to 
find  sureties,  may  be  committed  until  they  can.(/)  But  it  may 
not  be  granted  at  the  demand  of,  or  against  persons  non  compos 
mentis.  Yet  against  ari  impotent  person,  so  weak  that  he  cannot 
himself  break  the  peace,  it  may  be  granted,  because  he  may  in- 
stigate and  procure  others  to  do  it.  The  common  form  of  bind- 
ing to  the  peace  is  adapted  to  such  a  "case  as  the  person  is  bound, 
as  well  not  to  procure  harm  to  be  done  to  another  as  not  to  do  it 

(/)  Dalt.  Jus.  p.  193.     (g)  Ibid.     (A)  1  Hawk.  P.  C.  253.  Dal.  Jus.  198; 
M  Dalt.  Jir?.  198,  199.  (j)  Ibid. 


Jl'STICE  OF  THE  PEACE.  25 

Of  surety  of  keep;nsr  tiio  peace,  and  beinjj  of  <:ood  S'-hav^ur. 

himself  Whenever  a  person  has  just  cause  to  fear  that  another 
will  burn  his  house,  or  do  him  corporal  harm,  either  by  killing, 
beating,  or  imprisoning  him  ;  or  that  he  will  procure  others  to  do 
it,  he  way  demand  surety  of  the  peace,  against  the  person  threat- 
ening ',  and  eve'ry  justice  is  bound  to  grant  it  upon  the  party's 
givirig  him  satisfaction  upon  oath,  that  he  is  actually  under  such 
fear,  and  that  he  has  just  cause  to  be  so  by  reason  of  the  other's 
having  threatened  to  beat  him,  or  lay  in  wait  for  that  purpose, 
and  that  itis  not  required  from  motives  of  malice  or  vexation.  (&) 

But  me  justice  may  not  grant  it  where  he  is  satisfied  that  it  is 
demanded  merely  through  malice,  or  for  vexation  only,  without 
just  cause  of  fear  :  nor  where  it  h  required  by  a  person,  because 
he  is  at  variance,  or  in  suit  with  his  neighbour.  C&t^.  &&&*''*  *>?<* 

The  person  demanding  surety  of  the  peace  against  another 
ought  to  swear,  that  hestands  in  fear  of  his  life,  or  of  some  harm 
to  be  done  to  his  person  or  estate,  and  that  lie  does  not  make  the 
request,  from  malice  or  for  -vexation,  but  on  account  of  actual  fear, 
and  for  the  safety  of  his  person  or  estate.  For  the  words  of  the 
commission  are  "  to  cause  to  come  before  you,  or  any  of  you. 
•ill  those  persons,  who  shall  threaten  any  one  in  his  person  or 
estate,  to  find  sureties  of  the  peace,"  &c.(m) 

It  seems  from  the  words,  who  fJia.ll  threaten  any  one,  that 
there  may  be  cases  where  surety  of  the  peace  out'ht  to  be  grant- 
ed on  application  of  a  husband,  on  account  of  threatening  against 
his  wife,  and  so  of  a  parent  for  his  child,  a  master  for  his  ser- 
vant, and  a  guardian  for  his  ward,  whose  condition  may  be  such, 
respectively,  as  to  preclude  them  from  demanding  security  for 
;.hemsclves.(n) 

By  our  Statute  against  breaking  the  peace,  enacted  in  the 
year  sixteen  hundred  and  seventy-two,  it  is  declared,  thai  who- 
soever shall  disturb  or  break  the  peace  by  tumultuous  and  of 
''cnsive  carriage,  threatening,  traducing,  quarrelling,  challeng- 

(k)  1  Hawk.  P.  C.  254.  4Eur.i.  Jus.  ,'?!. 
-/>)  IV'!.  ii»s.  10f,.   199. 

v 


JUSTICE  OF  THE  PEACi:. 


roly  of  keeping  the  peace,  and  being  of  good  behaviour. 

ing,  &.c.  shall  be  liable,  Sac.  It  seems,  that  it  was  afterwards 
doubted,  whether  those  words  did  in  tact  designate  any  offence 
cognizable  by  the  civil  magistrate.  To  remove  all  doubt  on 
that  subject,  the  General  Assembly,  in  the  year  seventeen  hun- 
dred and  twenty-two,  by  a  public  act,  declared,  "  That  it  is  the 
true  intent  and  meaning  of  the  law  entitled  an  act  against  break- 
ing the  peace,  that  the  peace  is  broken  by  tumultuous  and  of- 
fensive carriage,  threatening,  traducing,  quarrelling,  and  challen- 
ging, as  well  as  by  assaulting,  beating,  &c.  whatever  the  punish- 
ment provided  by  law  is,  whether  by  finding  sureties  of  the 
ppace-j  or  by  fine.  And  all  jurors  are  directed  and  required  to  find 
accordingly,,  against  all  persons  indicted,  or  presented,  or 
brought  on  their  trial,  for  the  breach  of  the  law  aforesaid. "(o) 

Though  this  declaratory  clause  is  not  continued  in  the  subse- 
quent revisions,  yet  as  the  terms  thereby  explained  are  still  re- 
tained in  the  law  now  in  force,  we  may  consider  thai  legislative 
explanation  of  at  least  equal  force  with- an  adjudication  of  the 
Supreme  Court.  It  will  then  be  clear,  that  for  tumultuous  and 
offensive  carriage,  traducing,  quarrelling,  and  challenging,  sure- 
ty of  the  peace  may  at  least,  at  the  discretion  of  a  ju&tice  of  the 
peace,  be  granted  ;  as  well  as  for  threatening  words,  turbulent 
behaviour,  actual  violence,  or  other  unlawful  actions,  which 
shall  terrify  or  disquiet  any  of  the  good  people  of  this  State. 
it  may  also  be  granted  against  common  barrators  who  frequent- 
ly stir  up  and  maintain  suits  at  law,  in  courts,  or  quarrels  and: 
parties,  in  the  county  ;  inventors  and  propagators  of  false  re- 
ports, tending  to  excite  discord  among  neighbours  ;  also  such  a? 
are  of  evil  name  or  fame,  generally,  for  maintaining  or  resorting 
to  houses  suspected  to  be  houses  of  bawdry  and  incontinency  ; 
also,  against  night-walkers,  ot  evil  name  arul  report,  generally  ; 
or  such  as  eve-drop  men's  houses,  or  cast  men's  gates,  or  carts, 
into  ponds,  or  commit  other  such  like  misdemeanors,  outrages, 
or  disorders,  in  the  night  season  ;  also,  against  idle  persons,, 
drunkards,  libellers,  and  such  likeolTenders.(/.») 

(•i}  ^(.  p.  S&l  c,'"ivvi.-i,?ii  cfHO'J,  in  annexed  -icts.        (p)  1  St.  r:.  5>45, 5-16  * 


JUSTICE  OF  THE  PEACE,  27 


Of  surety  of  keeping  (he  peace,  and  being  of  good  behaviour. 

If  any  person  shall  abuse  any  magistrate,  or  justice  of  the 
peace,  or  resist,  or  abuse  any  sheriff,  constable,  or  other  officer, 
in  the  exercise  of  his  office,  he  must  find  surety  of  the  peace  and 
good  behavicur,  until  the  next  county  court  in  that  county ,(q)  the 
term  to  which  all  bonds  for  keeping  the  peace,  and  being  of  good 
behaviour,  must  be  made  returnable. 

Surety  for  good  behaviour  is  commonly  united  with  that  of 
keeping  the  peace,  and  equally  requisite  in  most  of  the  instances 
mentioned  in  this  chapter. 

As  to  the  nature  of  some  of  the  offences  already  mentioned,  i: 
!.-  proper  to  be  a  littte  more  explicit.  Traducing  may  be  com- 
mitted, by  exhibiting  in  any  way  to  public  view,  pictures  of  re- 
proach, or  signs  or  tokens  of  disgrace,  near  the  place  where  the 
party  thereby  traduced  is  most  conversant.  Such  as  a  picture 
of  a  gallows,  pillory,  horns,  or  such  like.  Libellers  are  also 
traducers.  A  person  may  be  guilty  of  libelling  by  slanderous 
writings,  either  in  prose  or  verse;  by  scandalous  words,  scoffs,  jests, 
taunts,  or  songs,  maliciously  repeated,  or  sung  in  the  presence 
of  others.  Though  no  person  be  named  as  the  subject  of  them, 
yet,  if  by  any  means  they  are  understood  by  the  hearers  as  de- 
signed of  some  particular  person,  the  libeller  maybe  convicted, 
and  for  which  the  offender  may  be  bound  to  his  good  behav- 


Quarrellers  may  be  also  bound  to  their  good  behaviour.  The 
rjuariclling  must  however  be  such  as  hath  a  direct  tendency  to  a 
breach  of  the  peace,  or  scandalizes  the  government,  by  abusing 
those  who  have  the  administration  of  it,  or  to  deter  an  officer 
from  doing  his  duty  :  but  to  call  one  a  rogue,  rascal,  liar,  or 
drunkard,  is  not  an  offence  which  subjects  to  bonds.(s) 

Challenging  is  another  offence  for  which  surety  for  good  be- 
haviour is  enjoined.  It  is  a  very  high  offence,  either  to  give  or 

(?)  1  St.  p.  545.  54G.        (r)  5  Cok.  125,     M  1  Hawk.  P.  C,  265,  Burn, 
Jus.  242, 


JUSTICE  OF  THE  PEACE, 


Of  Surety  for  keeping  the  Peace,  and  being  of  Good  Behaviour. 

accept  a  challenge  to  fight  a  duel,  and  a  crime,  cognizable  only 
by  the  Superior  Court,  who  must  bind  the  convict  to  his  good  be- 
haviour during  life.  But  the  offence  contemplated  by  the  Stat- 
ute against  breaking  the  peace,  is  one  less  common  at  the  present 
day  than  when  that  statute  was  first  enacted  in  the  year  1672. 
Challenging  to  fight  with  the  fist,  at  that  period,  and  fora  long 
time  after,  was  very  common  among  the  lower  classes  of  society. 
Boxing  was  then,  considered  by  many  a  very  useful  athletic  ex- 
ercise, and  when  conducted  with  good  humour,  innocent.  Un- 
principled men,  however,  often  took  advantage  of  the  manners 
of  the  day,  and  sought  opportunities  to  satiate  their  vindictive 
passions  by  challenging  the  objects  of  their  vengeance  to  a  box- 
ing match.  This  the  Statute  is  designed  to  prevent,  and  sub- 
jects the  offender  to  bonds  /or  his  good  behaviour. 

Those  who  commit  outrages  and  disorders  in  the  night  ^anun, 
are  also  to  be  bound  to  their  good  bchav  iour.  \  will  not  under- 
take to  point  out  the  crimes  herein  designed,  but  merely  say, 
that  the  night  season  is  that  part  of  time  between  the  setting  of 
the  sun  at  evening,  and  the  rising  thereof  on  the  next  morning,  in 
which  a  man's  countenance  cannot  be  discerned  by  the  light 
ofit.ff) 

Idleness  is  a  crime  to  be  punished,  or  amended,  by  the  idler's 
being  bound  to  good  behaviour.  Strange  it  is.  that  a  law  which 
contains  so  valuable  a  prov  ision,  should  remain  a  dead  letter,  to 
! he  ruin  of  many  a  family.  To  take  up  and  bind  to  his  good 
behaviour,  (that  is,  to  become  industrious,)  is  no  infringement  of 
the  rights  of  man,  in  civil  society;.  Its  natural  tendency  will  be 
<rood  to  the  subject,  and  safety  to  ihe  state.  The  same  may  be 
?aid  of  the  habitual  drunkard,  with  equal  propriety. 

Threatening  is  a  just  cause  of  binding  to  the  good  behaviour, 
as  well  as  to  keeping  the  peace.  Persons  who  threaten,  attempt, 
or  practice  the  destruction  of  the  property  of  others,  or  an  inju- 
ry to  their  persons, come  within  the  law  subjecting  to  bonds  for 
good  behaviour. 

(0  3  Coke.  Inrt.  C3 


JUSTICE  OF  THE  PEACE. 


Of  Surety  for  keeping  the  Peace,  and  being  of  Good  Lehavi-.ur. 

Surety  for  the  good  behaviour,  ought  also  to  be  required  of 
such  as  raise  hue  and  cry,  without  cause  ;  common  cheats,  com- 
mon gamesters,  common  thieves,  and  such  as  lie  in  wait  to  rob  ; 
common  who  re  -mongers,  and  common  whores,  (v) 

The  process  for  surety  of  the  peace,  is  a  warrant,  issued  either 
upon  the  complaint  of  the  person  fearing  hurt,  either  to  his  per- 
son or  estate,  or  to  the  person  or  estate  of  his  wife,  child, 
ward,  or  servant,  or  their  estate,  or.  upon  the  complaint  of  an  in- 
forming officer. 

When  the  complaint  is  made  by  a  private  person,  be  must 
swear  to  the  facts  set  forth  therein,  and  that  he  is  in  actual  fear  of 
injury  to  his  person,  or  estate,  or  to  the  person  or  estate  of  his 
wife,  child,  ward  or  servant,  as  the  case  may  be,  and  that  he  is 
not  influenced  to  the  proceeding  from  malice  or  for  vexation, 
and  pray  that  surety  of  the  peace  may  be  granted  against  the 
iccused. 

When  complaint  is  mad,e  by  an  informing  officer,  the  complaint 
need  only  state  the  facts,  from  which  the  justice  is  to  judge  of 
the  Ganger  there  may  be  of  the  violation  of  the  peace.  In  ei- 
ther case,  the  accused,  when  brought  before  the  justice,  maycon- 
'rovert  the  facts  alledged  in  the  complaint,  and  the  justice 
must  decide  on  a  hearing,  as  in  other  trials,  where  the  prosecu- 
tion is  by  an  informing  officer.  But  if  the  warrant  be  on  com- 
plaint of  a  private  person,  fearing  the  injury,  having  sworn  to 
the  facts  stated  in  his  complaint,  and  his  fear  occasioned  by 
them,  and  that  it  is  not  from  malice  or  vexation,  the  justice  is. 
obliged  (the  facts  alledged  being  in  law  sufficient  and  not  essen- 
tially disproved)  to  grant  the  surety. 

It  would  seem,  that  according  to  the  practice  in  this  State,  in 
other  cases,  prosecutions  for  surety  of  good  behaviour,  onlys 
Ought  to  be  by  an  informing  officer. 

fu)  Burns  Just.  243,  244.  Dalt.  224,  2?.- 


30  JUSTICE  OF  THE  PEAfE. 


Good  Behaviour. 


SECTION  II. 
COMPLAINT  AGAINST  A  DRUNKARD. 

To  J.  B.  of  S.  in  F.  County,  Esquire,  one  of  the  Jus- 
tices of  the  Peace  for  said  County,  comes  J.  D.  a  Grand  Ju- 
ror of  said  S.  and  complains, that  one  D.  B.  of  said  S.  is, 
and  for  more  tban  one  year  last  past,  has  been  a  common  drunk- 
ard, and  so  has  been  for  more  than  one  year  last  past,  of  evil  ex- 
ample to  others,  to  the  annoyance  of  his  neighbourhood,  against. 
the  peace  and  contrary  to  the  form  of  the  Statute,  in  such  case 
made  and  provided.  Dated  at  S.  the  day  of  A.  D. 
JOHN  DOE,  Grand  Juror. 

WARRANT. 

To  the  sheriff  of  the  County  of  F.  his  deputy,  or  eithej 

pf  the  constables  of  the  town  of  S.     within  said  county,  Greeting, 

By  authority  of  the  state  of  Connecticut,  you  are  hereby  com- 
Banded  to  arrest  the  body  of  the  above  named  D.  B.  and  him 
forthwith  have  before  me,  the  subscriber,  or  some  other  justice 
of  the  peace,  within  and  for  said  County  of  F.  that  he  may 
answer  to  the  foregoing  complaint,  and  be  dealt  with  as  the 
law  directs.  Hereof  fail  not,  but  of  this  warrant  and  your 
doings  thereon,  due  return  make,  according  to  law. 
Dated  at  S.  this  day  of  A.  D. 

J.    B.     Justice  of  the  peace. 

RETURN. 

F.  County,  ss.  S.         on  this  day  of          by  virtue 

of  this  warrant,  I  took  the  body  of  the  said  D.  B.  read  the 
same  in  his  hearing,  and  have  him  as  therein  required,  befpre 
J.  B —  Esquire. 

D.  R.  Constable. 


JUSTICE  OF  THE  PEACE.  31 

Good  Behaviour 
PLEA. 

F.  County,  ss.        S.  M.          A.  D.          .     Now 

the  said  D.  B.  in  Court,  defends,  pleads,  and  says,  that  he  is  not 
guilty,  in  manner  ami  form,  as  in  said  complaint  is  alledged,  and 
thereof  puts  himself  on  trial. 

D.  B. 
And  the  state  of  Connecticut  by  J.  G.  likewise. 


F.         County,  ss.      S 

Be  it  remembered,  that  on  this  day  of  A.  D. 

at  is  brought  before  me,  J.  #.          Esquire,  one  of  the  jus 

ticesofthe  peace  in  and  for  said  County,  D.  B.  of  said  S. 
by  virtue  of  a  warrant,  issued  by  a  justice  of  the  peace  for 

said  County,  upon  the  complaint  of  J.  D.  a  Grand  juror  of 
said  S.  for  (hat  the  said  D.  B.  is,  and  for  more  than  one 

year  last  pasf,  has  been  a  common  drunkard,  and  the  said  D.  B. 
being  required  to  make  answer  to  said  complaint,  says,  he  is  not 
guilty  in  manner  and  form,  as  in  said  complaint  is  set  forth,  oi> 
which  issue  is  joined  by  the  State.  And  the  said  Justice  B.  hav- 
ing inquired  into  the  truth  of  the  charges  set  forth  in  said  complaint, 
and  duly  attended  to  the  testimony  offered  as  well  in  defence  of 
the  said  L>.  B.  as  in  support  of  said  complaint,  doth  find  that 
the  said  D.  13.  is  guilty  in  manner  and  form,  as  in  said  com- 
plaint is  alledged.  Whereupon,  it  is  considered  by  the  said  Jus- 
tice B.  that  the  said  D.  B.  do  recognize,  with  one  sufficient 
surety  to-  the  State  of  Connecticut,  in  the  sum  of  Dollars 

conditioned,  that  the  said  D.  B.  shall  keep  the  peace  and  be  of 
good  behaviour  until  the  session  of  the  next  County  Court,  to  be? 
holden  at  in  and  for  the  County  of  F.  and  appear 

before  said  Couity  Court,  and  abide  the  order  which  may  be 
there  made  on  said  complaint,  and  pay  the  cost  of  this  prosecu- 
tion, and  stand  oomrni'ted  until  6-entencebe  performed. 

J.  B.       Jn<?tici?  of  the  peace. 


32i  JUSTICE  OF  THE  PEACE. 

Good  Behaviour. 

RECOGNIZANCE. 

F.  County,  ss.  S. 

Be  it  remembered,  that  on  the  day  of          A.   D. 

D.     B.     andE.     F.      both   of  S.  aforesaid,  personally 

came  before  me,  J.  B.  Esquire,  one  of  the  Justices  of  the 
peace  for  said  County,  and  acknowledged  themselves  jointly  and 
severally  to  owe  and  be  indebted,  to  the  State  of  Connecticut,  in 
the  sum  of  Dollars,  to  be  made  and  levied  on  their  goods, 

chattels,  and  estate,  and  on  the  goods,  chattels,  and  estate,  of  ei- 
ther of  them,  and  for  the  want  thereof,  upon  their  bodies,  if  the 
said  D.  B.  shall  fail  to  perform  the  condition  following  : — 

The  condition  of  this  recognizance  is  such,  that  if  the  above 
named  D.  B.  shall  personally  appear  before  the  County  Court, 
to  be  held  on  the  Tuesday  of  at  in  and  for  the  county  of  F. 
and  shall  there  abide  the  order  of  said  Court,  touching  the  com- 
plaint of  J.  D.  a  grand  juror,  to  J.  B.  Esquire,  one  of  the 
justices  of  the  peace  for  said  County,  made  charging  the  said  D* 
B.  with  being  a  common  drunkard,  and  in  the  mean  time, 

shall  keep  the  peace  and  be  of  good  behaviour  towards  all  the  cit- 
izens of  this  state,  then  this  recognizance  shall  be  void,  other- 
wise remain  in  force  and  virtue. 

J.  B.  Justice  of  the  Peace. 

COMPLAINT  AGAINST  A  T'ATTLER,  WHO  INVENTS 
AND  SOWS  FALSE  REPORTS,    CREATING  DIS- 
CORD AMONG  NEIGHBOURS. 

To  J.  B.  Esquire*  one  of  the  justices  of  the  peace  for  F. 
County,  comes  J.  D.  a  grand  juror  of  3.  in  said  county,  and 
Complains  that  A.  B.  of  said  S.  regardless  of  the  proper  duties 
of  a  Virtuolis  woman,  and  being  evil  minded,  and  disposed  to  be 
gadding  and  talking  from  house  to  house,  hath  for  more  than 
three  years  last  past,  atid  still  continues  to  be  an  inventor  and 
sower  of  false  reports,  whereby  discord  hath  often  arisen,  and  is 
likely  hereafter  to  arise  among  the  neighbours  of  the  said  A.  B. 
of  evil  example  to  others,  against  the  peace,  and  contrary  to  the 
form  of  the  Statute  in  such  case  made  and  provided.  Dated  at 
S.  this  day  of  A.  D.  J.  D. 


JUSTICE  OF  THE  PEACE. 


uood  iictiaviour. 


COMPLAINT  AGAINST  AN  IDLER. 

To  J.  B.  Esquire,  one  of  the  justices  of  the  peace  3  for  F. 
county,  comes  J.  D.  a  grand  juror  of  S.  in  said  county,  and 
complains,  that  G.  F.  of  said  S.  regardless  of  the  duties  of  in- 
dustry and  good  citizenship,  and  disposed  to  sloth  and  dissipation, 
for  more  than  one  year  last  past,  hath  been  and  still  is  an  idle 
person,  who  spends  his  time  from  day  to  day,  in  lounging  in  one 
place  and  another,  without  exercising  in  any  occupation  profita- 
ble to  himself  or  others,  to  the  evil  example  of  all  around  him, 
against  the  peace,  and  contrary  te  the  form  of  the  statute,  in  such 
case  made  and  provided. 

Dated  the         day  of        A.  D.  J.  D.  Grand  Juror. 

PROCESS   TO    FIND    SURETIES  TO    KEEP  THE, 
PEACE  AND  BE  OF  GOOD  BEHAVIOUR. 

By  -wife  against  her  husband  fur  threatning. 
To  J.  B.       Esquire,  one  of  the  justices  of  the  peace,  in  and  for 
the  county  of  F.        coraes  Mary  Fox,  wife  of  George  Fox,  both  oi 
S.  in  said  county,  and  in  the  name  and  behalf  of  the  state  oi 

Connecticut,  complains,  that  on  the  day  of  A.D.  George 
Fox,  aforesaid,  with  force  and  arms,  and  in  a  violent  and  terrible 
manner  did  threaten,  that  he  would  before  long,  her  the  complainant 
beat,  wound,  maim  or  kill,  or  do  to  her  some  bodily  hurt.  And 
that  the  complainant  is  afraid  that  the  said  George  Fox,  will  beat, 
wound,  maim,  or  kill,  or  do  to  her  some  bodily  hurt.  The  com- 
plainant, therefore,  requires  sureties  of  the  peace  and  good  beha- 
viour, against  the  said  George  Fox,  which  she  doth  not  require 
from  any  private  malice,  hatred,  or  ill  will,  but  for  her  own  per 
aonal  safety  from  the  danger  and  harm  so  threatened  to  be  done 
unto  her  by  the  said  George  Fox.  And  that  process  may  issue 
to  take  the  said  George  Fox,  and  bring  him  before  proper  au- 
thority, and  he  be  dealt  with  as  the  law  directs.  Dated  at  £. 
this  day  of  A.  D.  MARY  FOX 

OATH. 

F.         County,  ss.      S. 

On  the  day  of  A.  D.  personally  came  Mary  Fox,  and 
made  solemn  oath,  that  the  above  complaint,  by  her  subscribed 
i>  true,  before  me.  J.  B.  Juaiicr.  of  ihc.  Po?/>. 


34  JUSTICE  OF  THE  PEACE. 

<••  v.:d  Bphovi'->ur. 

WARRANT. 

To  the  sheriff  of  the  county  of  F.  or  his   deputy,  or 

either  of  the  constables  of  the  town  of  S.  within  said  coun- 

^y,  Greeting : 

Whereas  complaint  has  been  made  to,  and  sworn  before  me,  in 
manner  foregoing,  these  are,  by  authority  of  the  State  of  Con- 
necticut, to  command  you  to  arrest  the  body  of  the  said  George 
Fox,  and  him  forthwith  have,  before  me,  J.  B.  one  of  the  justi- 
ces of  the  peace,  for  F.  county,  or  some  other  justice  of  the 
peace,  in  and  for  the  county  aforesaid,  to  find  sureties  to  keep 
the  peace,  and  be  of  good  behaviour,  towards  all  the  citizens  of 
this  state,  and  especially  towards  the  said  Mary  Fox,  his  wife. 
Hereof  fail  not,  but  of  this  warrant,  with  your  doings  thereon, 
due  return  make,  according  to  law.  Dated  at  S.  this 
day  of  A.  D.  J.  B.  Justice  of  the  Peac.f. 

ENQUIRY,  4-c. 

F.  County,  ss.  S. 

Be  it    remembered,   that  on  this        day  of       A.  D.       at 
is  brought  before  me,  J.  B.       Esquire,  one  of  the  justices  of  the 
peace  in  and  for  said  county,  George  Fox,  of  S.  in  the  county 

of  F.         by  virtue  of  a  warrant    issued  I>y  justice   of  the 

peace,  upon  the  complaint  of  Mary  Fox,  of  said  S.          wife  oi 
the  said  George  Fox,    for  that    the  said  George   Fox   on  the 
day  of       A.  D.        at       in  ^aid  county   ofF.  with  force 

and  arms,  and  in  a  violent  and  terrible  manner,  did  ihreaten. 
that  he  would,  before  long,  her  the  complainant  beat,  wound- 
maim,  or  kill,  or  do  to  her  some  other  bodily  hurt  j  whereupon 
the  said  George  Fox  being  required  by  said  justice  B.  to  make 
answer  to  the  charges  in  said  complaint  contained,  say?,  he  is 
not  guilty,  in  manner  and  form,  as  in  said  complaint  is  alledged. 
\nd  the  said  justice  B.  having  inquired  into  the  facts  set  forth  in 
said  complaint,  finds  that  said  George  Fox  is  guilty,  in  manner 
and  form,  as  in  said  complaint  is  alledged.  It  is  therefore  consi- 
dered by  the  said  justice  B.  that  the  said  George  Fox  enter  into 
a  recognizance,  with  two  sufficient  sureties,  to  the  State  of  Con 
necticut,  in  the  sum  of  dollars,  conditioned,  that  the  Said 

George  Fox,  appear  before  the  County  Court,  to  be  holden  at 


JUSTICE  OF  THE  PEACE. 


(5ood  Behaviour. 


within  and  for  the  county  of  on  the  Tuesday  of  AD.  and 
ihere  abide  the  order,  and  do  whatsoever  shall  be  by  said  Court 
enjoined  upon  him  touching  said  complaint.  And  that  lie,  in  the 
meantime,  keep  the  peace,  and  be  of  good  behaviour  towards 
all  the  citizens  of  this  state,  and  especially  towards1  the  said  Ma 
ry  Fox,  his  wife,  and  stand  committed  until  sentence  be  perform- 
ed. J.B.  Justice  of  the  Peace. 

RECOGNIZANCE. 
F.  County,  ss.  S. 

Be    it   remembered,  that   on    this  day  of          AD. 

George  Fox,  and  John  Cox,  and  Jarnes  Wilkes,  all  of  S.  lit 
the  county  of  F.  personally  came  before  me,  J.  B.  Esquire, 
one  of  the  justices  o:~  the  peace,  for  the  county  of  F.  and 

acknowledged  themselves  to  be  jointly,  and  severally  indebted 
to  the  State  of  Connecticut,  in  the  sum  of  dollars,  to  be 
made  and  levied  of  the  goods,  chattels,  and  lands,  of  the  said 
George  Fox,  and  John  Cox,  and  James  Wilkes,  and.  of  the 
£oods,  chattels,  and  land.1;,  of  either  of  thera,  and  for  want  thereof., 
:pon  their  bodies  respectively,  if  the  said  George  Fox,  shall 
rail  to  perform  the  condition  following. 

The  condition  of  this  recognizance,  is  such,  that  if  the  said 
George  Fox,  shall  personally  appear  before  the  County  Court,  to 
be  holden  at  in  and  for  the  county  of  on  the  Tuesday 
of  AD.  and  there  abide  the  order  of  said  Court,  and  do 
whatsoever  shall  by  said  Court  be  enjoined  upon  him,  touchius 
a  complaint  against  him  by  his  wife,  Mary  Fox.,  for  threatening 
her  life,  &:c.  Arid  in  the  mean  time,  in  all  things,  keep  the  p<j:tcc 
and  be  of  good  behaviour,  towards  all  the  citizens  of  this  state, 
and  more  especially  towards  Alary  Fox,  his  wife,  then  this  reco': 
nizance  shall  be  void,  or  else  remain  in  full  force  and  virtue. 
J.  B.  Justice  of  the  Peace- 

MITTIMUS. 

To  the  sheriff  of  the  County  of  F.  his  deputy,  or  either 
constable  of  the  town  of  S.  within  said  county 

Greeting. 

Whereas  George  Fox,  of  was  apprehended  by  virtue  of  a 

warrant  issued  byJ.  B.  justice  of  the  peace,  on  the  com- 


36  JUSTICE  OF  THE  PEACE. 

Good  Behaviour. 

plaint  of  Mary  Fox,  wife  of  the  said  George  Fox,  for  that  he, 
the  said  George,  on  the  day  of  at  with  force  and  arms, 
and  in  a  violent  and  terrible  manner,  did  threaten,  that  he  would 
before  long,  her  the  complainant  beat,  wound,  maim,  or  kill,  or 
do  to  her  some  bodily  hurt.  And  that  the  complainant  is  afraid 
that  the  said  George  Fox,  will  beat,  wound,  maim,  or  kill,  or  do 
to  her  some  bodily  hurt,  and  this  day  of  brought  before  me 
J.  B.  Esquire,  one  of  the  justices  of  the  peace  for  said  county  of 
F.  and  upon  enquiry  upon  said  complaint,  the  facts  there- 

in alledged  were  found  to  be  by  me  the  said  justice  B.  to  be 
true  ;  it  was  thereupon  by  me  the  said  justice,  considered,  that 
ihe  said  George  Fox  do  enter  into  a  recognizance,  with  two  suffi- 
cient sureties,  to  the  state  of  Connecticut,  in  the  sum  of  dollars., 
conditioned,  that  he  the  said  George  Fox  do  appear  before  the 
County  Court,  to  be  holden  at  on  the  Tuesday  of 

A.  D.  and  there  abide  the  order  of  said  Court,  and  do  whatso- 
ever might  by  said  court  be  enjoined  upon  him,  touching  the  said 
complaint,  and  that  he  in  the  mean  time,  keep  the  peace,  and 
be  of  good  behaviour,  and  stand  committed  until  sentence  be 
performed.  And  whereas  the  said  George  Fox  hath  refused  and 
neglected,  and  doth  now  refuse  and  neglect  to  enter  into  such  re- 
cognizance, and  find  such  surety  :  These  are,  therefore,  by  au- 
thority of  the  state  of  Connecticut,  to  command  you  to  convey 
the  said  George  Fox  to  the  common  gaol  inF.  in  said  coun- 
ty of  F.  and  to  deliver  him,  together  with  this  warrant,  to 
the  keeper  thereof,  who  is  hereby  required  to  receive  the  said 
George  Fox,  into  his  custody,  in  said  gaol,  and  him  there  safely 
keep,  until  he  shall  be  discharged  according  to  law.  Dated  at 
this  day  of  A.  D.  .1.  B.  Justice  of  the  Peace. 


JUSTICE  OF  THE  PEACE.  37 

Assault  and  Battery. 

CHAPTER  V. 

ASSAULT  AND  BATTERY. 


is  an  attempt,  with  force  and  violence,  to  do 
«  corporal  hurt  to  another;  as  by  striking  at  him,  with,  or 
without  a  weapon  ;  or  presenting  a  gun  at  him  at  such  a  distance 
to  which  it  will  carry  ;  or  pointing  a  pitchfork,  drawn  sword,  or 
dagger  at  him,  standing  within  reach  of  it,  or  by  holding  up  one's 
fist  at  him,  or  by  any  other  such  like  act,  done  in  an  angry, 
threatening  manner  ;(a)  or  by  lying  in  wait,  and  besetting  a 
man's  house.  (b)  But  no  words  can  alone  amount  to  an  assault.(c) 

Battery,  (which  always  includes  an  assault)  is  the  actual  doing 
an  injury  to  another,  be  it  ever  so  small,  in  an  angry,  or  rude,  or 
revengeful,  or  insolent  manner  ;  as  by  spitting  in  his  face,  vio- 
lently jostling  him  out  of  the  way,(d)  as  well  as  by  blows,  vio- 
lent beating,  or  otherwise  wounding  him.  So  the  throwing  of 
rockets,  squibs,  or  crackers,  made  of  gunpowder,  into  a  con- 
course, by  which  any  one  sustains  an  injury,  is  battery.(e)  No 
prosecution  can  be  maintained  against  an  officer,  who  in  the  ex- 
ecution of  a  warrant,  uses  necessary  force  to  arrest  a  person 
who  resists  him,  even  though  it  extend  to  beating  and  wounding. 
Nor  against  a  parent,  forgiving  to  his  child  reasonable  correction  ; 
a  master  to  his  servant,  or  apprentice  ;  a  schoolmaster  to  his 
scholar,  or  a  gaoler  to  his  prisoner//) 

A  complaint,  for  either  aa  assault  or  Latiery,  must  always 
contain  an  allegation,  that  the  offence  was  committed  with  force 
and  arms,  and  against  the  peace.  (g~]  Under  the  plea  of  not 
guilty,  the  prisoner  may  give  in  evidence,  whatever,  has  a  legal 
tendency  to  justify,  or  excuse  the  force  used,  as  well  as  to  dis- 
prove the  facts  alledged.(/i) 

(a)  1  Hawk.  133.  (i)  French,  202.    ,-,          (c)  Bui.  N.  P.  1C. 

(d)  Ibid.  0)  3  Wiis.  403.  O  Esp.  N.  P.  313,  314. 

fg)  3  Bac.  Abr.  108,.  109.  2  Hawk.  241  .  ,7.)  1  St.  562. 


38  JUSTICE  OF  THE  PEACE. 

Assault  and  Battery. 

COMPLAINT  BY  AM  INFORMING  OFFICER. 

To  J.B.         of  S.  in  the  county  of  F.         Esquire,  one  of 

the  justices  of  the  peace,  for  said   county,   comes   John  Doe    a 
grand  juror  of  said  S.  and  complains,  that  on  or  about  the 

day  of  A.  D.  one,  George  Fox,  of  T.  in  said  county,  at  S. 
aforesaid,  v/Uhforce  and  arms  upon  the  body  of  one  R  U.  an 
assault  made,  and  him,  the  said  R.  R.  he,  the  said  G.  F.  then, 
and  there,  with  like  force  and  arms,  to  wit,  with  fists,  clubs,  sticks, 
stones,  swords,  and  guns,  did  beat,  bruise,  wound,  and  evilly  en- 
treat, and  other  injuries,  and  enormities  to  the  said  R.  R.  the 
said  G.  F.  then  and  there  did,  against  the  peace,  and  con- 

trary  to  the  form  of  the  statute,  in  such  case  made  and  provided. 
Dated  at  S.         the         day  of        A.  D. 

JOHN  DOE,  Grand  Juror* 

WARRANT. 

To  the  sherriff  of  the  county  of  F.  his  deputy,  or  eithei 
of  the  constables  of  the  town  of  S.  within  said  county  Gree- 
ting: By  authority  of  the  state  of  Connecticut,  you  are  here- 
by commanded  to  arrest  the  body  of  the  above  named  G.  F. 
and  him  forthwith  have,  before  me,  J.  B.  Esquire,  justice  of 
the  peace,  for  F.  county,  or  some  other  justice  of  the  peace, 
u>r  said  county,  to  answer  the  foregoing  complaint,  and  be  dealt 
with  as  the  law  directs.  And  you  are  also  required  to  summon 
J.  C.  and  T.  G.  to  appear  at  time  and  place  of  bringing  up 
the  said  G,  F.  as  witnesses,  in  support  of  said  complaint  Here- 
of fail  not,  but  of  this  process,  and  your  doings  thereon,  make  due 
return.  Dated  at  S.  the  day  of  A.  D. 

.!.         B.         Justice  of  the  peace 

OFFJCERS  RETURN. 

F.         County,  S.         July         A.  D. 

By  virtue  of  the  within  warrant  to  me  directed,  I  arrested  the 
•jody  of  the  within  named  G.  F.  and  read  the  same  in  his  hear- 
ing, and  have  him  now  before  J.  B.  Esquire,  justice  of  the 

*  This  complaint  may  be  made  by  a  Constable^  by  inserting  that  officer. 
instead  of  Grand  Juror. 


JUSTICE  OF  THE  PEACE.  39 

Assault  and  Battery. 

peace.  And  have  also  summoned  J.  C.  and  T.  G.  to 
appear  as  vritnesses,  as  is  within  required. 

V.     B.     Constable. 

When  the  prisoner  is  set  before  the  justice,  the  complaint  ought 
to  be  again  read  to  him,  and  he  be  required  to  make  ansv.'er  to 
the  question  following,  to  wit, 

Are  you  guilty  in  manner  and  form,  as  is  alledged  ?n  the  com- 
plaint read  ?  To  which  the  prisoner  must  answer  either,  guilty, 
or  not  guilty.  If  he  says  guilty,  the  justice  will  note  it  on  the 
file  and  proceed  to  enquire  of  the  degree  of  the  ofience  ;  and  ac- 
cording as  it  shall  appear  to  him,  more  or  less  aggravated,  either 
assess  upon  him  such  fine  as  he  shall  be  of  opinion  the  crime  de- 
serves, or  sentence  him  to  find  sureties,  for  his  appearance  be- 
fore the  next  County  Court,  in  the  same  county,  and  to  abide 
the  order  of  such  County  Court,  upon  said  complaint,  and  to 
stand  committed  until  sentence  be  performed.  If  the  prisoner 
soys,  not  guilty,  the  justice  v/ill  note -the  same,  and  proceed  te 
an  enquiry  as  to  the  truth  of  the  facts,  alleuged  in  the  complaint, 
and  if  on  such  enquiry,  he  shall  find  that  the  prisoner  is  guilty, 
he  will  then  proceed  in  the  same  manner  as  in  the  plea  of  guilty 
is  above  directed.  The  Court,  in  all  trials  for  delinquency,  is  to 
be  of  council  for  the  prisoner  and  suffer  no  one  to  appear  w  hi* 
defence,  but  by  permission  of  it. 

RECORD. 

F.         County, 

Be  it  remembered,  that  on  the         day  of         A.  D.     G.  1'. 
of  T.         in  said  county,  is  brought  before  J.  B.      Esquire,  om 
of  the  justices  of  the  peace,  for  said    county,   at  said  S.          by 
virtue  of  a  warrant,  issued  by   me,  the    said   justice,    upon    the 
complaint  of  John  Doe,  a  grand  juror,  of  said  S.  for  that 

on,  or  about  the  day  of  A.  D.  at  said  S.  the  said  G. 
F.  with  force  and  arms,  an  assault  made,  upon  the  body  of 
one  R.  R.  and  him  the  said  R.  R.  he  the  said  G.  F.  then,  and 
there,  with  like  force,  and  arms,  to  wit,  with  fists,  clubs,  sticks, 
stones,  swords,  and  guns,  did  beat,  bruise,  wound,  and  cvilh 
pntrfM.  and  other  injuries  and  enormities  to  the-  <«aicl  R.  P.  Ihr 


40  JUSTICE  OF  THE  PEACE. 

Asf-auit  and  Battery. 

saidG.F.  then,  and  there,  did  against  the  peace,  and  contrary 
to  the  form  of  the  statute,  in  such  case  made  and  provided  ;  and 
the  said  G.  F.  being  required  to  make  answer  to  said  complaint, 
says,  he  is  guilty  in  manner  and  form,  as  is  in  said  complaint  al- 
ledged,  and  thereupon  it  is  considered,  by  me,  the  said  justice 
B.  (having  first  enquired  into  the  degree  of  the  offence)  that 
the  said  G.  F.  pay  a  fine  of  dollars  to  the  use  of  the  treasury 
of  the  town  of  S.  aforesaid,  together  with  the  tost  of  this  prose- 
cution, taxed  at  dollars,  and  cents,  and  stand  committed 
until  sentence  be  performed.  J.  B.  Justice  of  the  Peace. 

If  the  plea,  be  not  guilty,  and  the  offence  be  proved,  but  not  of 
a  degree  to  require  that  the  prisoner  should  be  bound  for  trial  at 
the  County  Court,  the  record,  after  the  word  provided,  ought  to 
run  thus,  viz. 

And  the  said  G.  F.  being  required  to  make  answer  unto  said 
complaint,  says,  he  is  not  guilty,  in  manner  and  form,  as  in 
said  complaint  is  allcdgcd.  And  the  testimony  adduced  in  be- 
half of  the  state,  as  well  as  in  behalf  of  the  saidG.F.  together  with 
the  arguments  urged  in  his  defence,  having  been  fully  heard,  I 
the  said  justice  B.  do  find,  that  the  said  G.  F.  is  guilty  in  man- 
ner r.;:d  form,  as  in  said  complaint  is  alledged  ;  and  thereupon  it  is 
considered,  by  me,  the  said  justice  B.  that  the  said  G.  F  pay 
a,  fine  of  dollars  to  the  use  of  the  treasury  of  the  town  of  S. 
aforesaid,  together  with  the  cost  of  this  prosecution,  taxed  at 
dollars,  and  cents,  and  that  he  stand  committed  until  judg- 

ment be  satisfied.  J.  B.     Justice  of  the  Peace. 

If  the  offence  proved,  be  such,  that  the  prisoner  ought,  in  the 
opinion  of  the  justice  before  t*.'/<o?Ai  the  enquiry  is  had,  to  take  hit 
trial  before  the  County  Court,  after  the  words  considered,  by  me, 
the  said  justice  B.  tlic  record  ought  to  run  thus. 

That  the  said  G.  F.  recognize  with  sufficient  sureties,  to  tht 
state  of  Connecticut,  in  the  sum  of  dollars,  conditioned, 

that    the    said  G.  F.     appear  before   the   County  Court,  to  be 
holden  at         in  and  for  the  county  of  F,.         on  the         Teu?- 


JUSTICE  OF  THE  PEACE  41 


Assault  and  Battery. 


day  of          A.  D.         to  answer  to  said  complaint,  and  abide  the 
order  of  said  County  Court  thereon. 

The  form  of  the  recognizance,  the  same  as  that  for  keeping  the 
peace,  except  the  condition ,  which  is  as  follows,  r;'r. 

The  condition  of  this  recognizance,  is  such,  that  if  the  said 
G.  F.  shall  appear  before  the  County  Court,  to  be  holden  at 

in  and  for  the  County  of       on  the       Tuesday  of       A.  D. 
and  answer   the   complaint  of          a  grand  juror   of  said  S. 
charging  him,    the  said  G.    F.    with  an  assault  and  battery,  up- 
on the  body  of  one  R.    R.     before  J.    B.    Esquire,  justice  of  the 
peace,   and  abide  the  order  of  said  County  Court,  touching  the 
matters  alledged  in  said  complaint,  and  in  the  mean  time  keep 
the  peace,  and  be  of  good  behaviour,  in  all  respects,  then  this  re- 
cognizance to  be  void,   otherwise,   to  remain  in  full  force  and 
virtue.  J.     B.         J ustice  nf  the  Peace. 

If  the  prisoner  shall,  after  a  reasonable  time  allowed,  refuse  or 
neglect  to  enter  into  such  recognizance  with  sureties  according  to  the 
judgment  of  the  justice,  he  ~^ill  commit  him  to  gaol. 

MITTIMUS. 

To  the  sheriff  of  the  county  of  F.  his  deputy,  or  either 

•A  the   constables   of  the  town  of  S.  within   said    county, 

Greeting. 

Whereas  G.       F.         of  was  on  the         day  of 

A.  D.     brought  before   me,  J.      B.     Esquire,  a  justice  of  the 
peace,  for  F.  county,  at  s.  in  said  county,    by  vir- 

tue of  a  warrant  issued  by  me,  the  said  justice  B.       on  the  com- 
plaint of  J.      D.       a  grand  juror,  of  said  S.  for  that   the 
saidG.      F.     on  the         day  of            A.  D.         at  said  S. 
with  force  and  arms*  an  assault  made,  on  the  body  of  one  R.  R. 
and  him,  the  said  R.  R.         the  saidG.  F.           thiiu,  and  there 
with  like  for^e  and  ariiia,  io  wit,  with  fists,   clubs,  sticks,   stones, 
swords,  and  guns,    did  beat,  bruise,  wound,  and  evilly  entreat, 
%d  other  injuries  and  enormities  to  tiiu  said  R.       R.     the  said 
<j.               then  and  then;  did,  against  the  peace,  j;;d  contrary  to 
•rtn  of  the  st  ttutc.  in  such    e.  •  .  led.    \vhon 

6 


JUSTICE  OF  THE  PtfACE. 


Assault  and  Battery. 


and  where,  he  the  said  George  Fox,  pleaded  to  said  complaint, 
that  he  was  not  guilty,  in  rrumner  and  form,  as  is  therein  alledged, 
and  the  said  justice  B.  after  a  full  hearing  of  the  teslimony 
adduced,  as  well  in  behalf  of  the  state,  as  of  the  said  G.  F. 
and  the  arguments  urged  in  defence  of  the  said  G.  F.  did 
find,  that  the  said  G.  F.  was  guilty,  in  manner  and  form,  as 
in  said  complaint  was  alledged  ;  and  thereupon  considered,  that 
the  said  G.  F.  recognize  with  sureties  to  the  state 

of  Connecticut,  conditioned,  that  the  said  G.  F.  appear  be- 
fore the  County  Court,  to  be  holden  at  in  and  for  the  coun- 
ty of  on  tlie  Tuesday  of  A.  D.  and  answer 
said  complaint,  nnd  abide  the  order  of  said  County  Court  there- 
on, and  in  the  mean  time,  that  he  keep  the  peace,  and  be  of 
good  behaviour,  and  stand  committed  until  judgment  be  per- 
formed. And  whereas  the  i-aid  G.  F.  did  then,  and  hither- 
to hath  refused,  and  neglected,  to  recognize  with  sureties,  as 
aforesaid,  although  a  reasonable  time  hath  been  allowed  him 
therefor.  These  are  therefore,  by  authority  of  the  State  of  Con- 
necticut, to  require  you  to  convey  the  said  G.  F.  to  the 
common  gaol  in  F,  .  in  said  counfy  of  F.  and  him  there, 
•ogether  with  this  warrant,  to  deliver  to  the  keeper  thereof,  who 
is  hereby  required  to  receive  the  said  G.  F.  into  his  custody, 
within  said  gaol,  and  him  therein  safely  keep  until  he  shall  be 
delivered  by  order  of  law.  Dated  at  this  day  of 
A.  D,  J.  B.  Justice  of  the  Peace. 

If  Ike  evidence  be  not  sufficient  to  convict  the  prisoner  upon  the 
•  omphtint,  the  form  of  the  record,  after  the  word  find,  ought  to  be, 
:hat  the  prisoner  is  not  guilty,  in  manner  and  form,  as  is  in  said 
complaint  alledged,  and  it  is  thereupon  considered  that  he  be  no 
longer  holden  thereon.  In  all  cases,  criminal,  (except  for  drunk- 
tmiess,  profane  s&earfag,  cursing,  or  sabbath  breaking}  the  pris- 
oner may  of  right,  appealfrom  the  judgment  of  a  single  minister 
condemning  him,  to  the  next  County  Court,  for  the  county ;  pro- 
.•idcd,  he  give  mffidcnt  security  Jor  his  appearance,  and  abiding 
'he  judgment  ^hich  mtnjby  the  court  be  given  thercin,(a)  and  ixn 


JUSTICE  OF  THE  PEACE. 


and  hut' cry. 


at  the  time  of  granting,  such  repeal  a  duty rof fifty  cents  thereon. 
The  appeal  irnist  be  moved  for,  ami  granted,  before  the  judgment 
is  carried  into  execution,  and  on  the  same  day  it  t.s  rendered,  or 
at  least,  while  the,  priso-ncr  remains  in  custody. 

FORM  OF  APPEAL. 

From    which  judgment,  the  said  R.    R.       appeals  to  the  next 
County  Court,  to  be  holden  at          on   the          Tuesday    of 
A  D.        in  and  for  said  county  of         and  pays  the  sum    of  h'fty 
cents  dtjty  on  his  appeal,  and  himself  with  T.     D.          Lir> 
ty,  recognize  in  the  sura  of  for  his  personal  appearance  ai 

said  Court,  to  prosecute  his  appeal  with  effecf,  one!  to'abide  tin 
order  of  said.  Court,  thereupon;  and  in  the  mean  time  to  keep  the 
peace,  and  be  of  good  behaviour,  toivardsal!  the  citizens  of  thii 
slate.  T.  DT  Justice  of  the  Peace. 

L\FUUM.l 'i' ION  QUI-TAM. 

Informations '  qui-tam,  are  permitted  in  England,  in  cases  only 
ivhere  a  penalty  is  given1  by  statute  to  be  divided  between  the  kin? 
and  the  prosecutor. (a)  In  this  state,  also,  in  cases  where  a  fm< 
is  to  be  inflicted,  and  damages  are  reasonable,  by  the  sufferer, 
as  in  cases  of  assault  ami  battery,  theft,  arid  the  like. 

The  informer  complains,  as  well  in  behalf  of  the  state,  as  for 
himself.  The  process,  as  in  prosecutions  by  an  informing  officer, 
is  summary,  and  the  party,  when  brought  to  trial,  may  be  convic- 
ted in  the  same  manner,  and  has  the  same  right  to  appeal. (6) 
The  complaint  concludes,  to  the  damage  of  the  complainant. 
If  the  sum  demanded  do  not  exceed  fifteen  dollars,  in  assault  and 
battery  ;  or  in  theft,  the  value  of  the  goods  stolen,  do  not  exceed 
fliirty  dollars,  (V)  the  justice  may  proceed  to  trial,  judgment 
and  sentence,  from  which  (he  defendant  may  appeal  1;>  th.« 
County  Court;  but  if  the  damages  demanded  exceed  fifteen  dol- 
lars, or  the  goods  .stolen  are  of  greater  value  than  thirty  dollars, 
the  justice  must  either  acquit  the. party,  recognize  bim.wiil^sure 
ly,  to  appear  before  the  next  Co'.mty  Court  in  l'>5  county,  tc 
take  his  trial,  on  the  complaint,  or  commit  him  to  prison,  for 
•va nt  of  .such  recognizance  and  surety.  In  ?;ueh  car.o,  the  r  - 

(«)  1  Bac.  Ahr.37.          .  (b)  1  :>t,  2:31, 


44  JUSTICE  OF  THE  PEACE. 

Assault  and  Battery. 

nixancc  must  be  taken  to  the   complainant,  and  not  to  the  state, 
as  in  all  criminal  prosecutions,  by  an  informing  officer,  it  must. 

In  cases  within  the  final  jurisdiction  of  the  justice,  he  must 
cither  acquit  the  defendant,  or  find  him  guilty  ;  assess  a  fine,  to 
the  use  of  the  treasury  of  the  town,  \vhere  the  offence  was  com- 
mitted, and  damages  to  the  complainant,  to  be  recovered  by 
him,  with  his,  cost,  for  (he  piosecution,  and  inflict  such  other 
punishment  as  the  statute  prescribes  for  the  offence  :  for  all 
'Vhich  he  may  issue  a  warrant  or  writ  of  execution  ;  or  he  may 
issue  execution  for  the  fine,  damages  and  cost  ;  or  assign  the  de- 
linquent in  service,  to,  satisfy  them  ;  or  may  so  assign  him  in 
service,  to  satisfy  the  fine,  and  issue  execution  for  the  damages 
and  costs,  in  common  form.  As  the  jurisdiction  of  a  justice  ex- 
tends to  cases  of  theft,  wherein  the  value  of  the  thing  stolen, 
does  not  exceed  thirty  dollars,  and  by  the  statute  prescribing 
the  punishment,  the  forfeiting  three  fold  the  value  of  the  goods 
stolen,  is  an  unconditional  part  of  the  punishment,  it  seems, 
that  the  justice,  trying  a  thief,  may  condemn  him  to  be  whipped 
ten  stripes,  pay  a  fine  of  seven  dollars  to  the  use  of  the  treasury 
of  the  town,  and  having  found  the  value  of  the  thing  stolen  to  be 
thirty  dollars,  may  also  adjudge  to  the  prosecutor,  and  issue 
execution  in  his  favour,  for  the  .sum  of  ninety  dollars,  besides 
fine,  and  cost  ;  or  assign  the  delinquent  in  service,  till  he  shall 
have  satisfied  the  whole  amount. (d)  Whether  the  fine  be  paid  to 
the  justice,  or  the  complainant,  through  the  hands  of  the  officer, 
on  the  execution,  either  is  accountable  to  the  treasurer  of  the 
town  for  it.  As  in  all  civil  actions,  the  complainant  may,  in  this, 
be.  non-suited,  withdraw,  compromise,  or  discharge  the  prose^ 
eution,  while  it  is  pending  ;  but  after  judgment,  cannot  dischage 
from  the  fine  or  corporal  punishment,  though  ho  may  pny  Uir 
damages  and  costs. 

FORM  OF  COMPLAIJYT  FOR  ASSAULT,  be. 

To  J.  B.  of  S.  in  F.  county,  Esquire,  one  of 

the  justices  of  the  'peace  for  said  county,  comes  John  Doe,  of 
paid  S.  and  as  well  for  the  Stale  of  Connrrliruf .  .•;?  for  him- 

fd]  2  St.  139.  ni)d  1  P(.  f.  57. 


JUSTICE  OF  THE  PEACE.  45 

Assault  and  Battery. 

self,  in  this  behalf  complains,  that  on  the  day  of         A.  D. 

at  in  said  county,  one  G.  F.  of  in  said  county,  with 
force  and  arms,  upon  the  body  of  the  said  J.  D.  an  assault 
made,  and  then,  and  there,  with  like  force  and  arms,  to  wit, 
with  fists,  clubs,  sticks,  stones,  swords,  and  guns,  him  the  said 
J.  D.  the  said  G,  F.  did  beat,  bruise,  wound,  and  evil- 
ly entreat,  and  other  injuries  and  enormities  to  the  complainant 
the  said  G.  F.  then,  and  there  did,  against  the  peace,  and 
contrary  to  the  fqrm  of  the  statute,  in  such  case  made  and  pro- 
vided :  and  to  the  damage  of  the  complainant  the  sum  of  fifteen 
dollars,  Wherefore  he  prays,  that  process  may  issue  against  the 
said  G.  F.  that  he  may  be  taken,  and  brought  before  proper 
authority,  and  be  dealt  with,  made  to  do,  and  suffer,  as  the  law 
requires.  Dated  at  S.  the  day  of  A.  D. 

;OHN 


WARRANT. 

To  the  Sheriff  of  the  County  of  F.  his  deputy,  or  either 

Constable  of  the  town  of  S.  within  said  County,  Greeting  : 

Whereas  the  foregoing  complaint  has  been  exhibited  to  me, 
J.  B.  a  justice  of  the  peace  for  said  County  ;  these  are 
therefore,  by  authority  of  the  State  of  Connecticut,  to  command 
you  to  arrest  the  body  of  the  above  named  G.  F.  and  him 
forthwith  have  before  me,  the  said  justice  B.  or  some  other 
justice  of  the  peace,  forsajd  County,  dwelling  within  said  S. 
that  he  the  said  G.  F.  may  answer  the  foregoing  complaint. 
rmd  be  dealt  with,  made  to  dp,  and  suffer,  as  the  law  requires. 
Hereof  fail  not,  but  of  this  warrant  and  your  doings  thereon,  due 
return  make,  according  to  law, 

Dated  at  S.  the         day  of        A.  D. 

The  state  duty  of  seventeen  cent?,  is  paid  hereon,  and  John 
Doe  of  said  S.  recognized  iu    .         dollars,  for  prosecu- 

tion, 4'c.  before  me,  J.         B,.  justice  of  the  peace. 

Officers  return,  and  delinquents  pica,  the  same  as  in  the  pre- 
rodine. 


46  JUSTICE  OF  THE  PEACE. 

Assault  and  Battery. 

RECORD. 

F.  County,     ss. 

Be  it  remembered,  &c.  (  the  same  as  in  the  record  preceding, 
on  the  plea  of  not  guilty,  until  it  comes  to  the  words,  to  the  use  of 
the  treasurer  of  the  town  of  S.  then  add]  and  that  the  said 

John  Doe,  recover  of  the  said  G.         F.          the  sum  of         dam- 
ages, and  his  cost,  taxed  at  and    that  the  said  G.  F. 
stand  committed  until  judgment  be  satisfied. 

J.        B.         justice  of  the  peace. 

If  (he  damages,  alledgcd  in  the  complaint,  exceed  the  suta  of  fif- 
teen dollars,  the  form  of  record  is  the  same  as  in  the  one  preced- 
ing, except,  omitting  the  ~^ords  grand  juror  after  the  name  of  the. 
complainant,  and  in  lieu  thereof  inserting  these  words,  who  as  well 
for  the  State  of  Connecticut,  as  for  himself,  complains,  until  it 
comes  to  the  word  sureties,  after  which,  say,  to  the  said  John  Doe, 
in  the  sum  of  conditioned,  &c.  [as  in  said  preceding  pros- 

ecution  by  grand  juror.} 

FORM   OF  EXECUTION,  IN  CASE  WHERE  FINAL 
JUDGMENT  IS  RENDERED  BY  THE  JUSTICE, 

FOR  FINE,  DAMAGES,  AND  COST. 
To  the  sheriff,  &c.  (fts  in  other  writs)  Greeting  : 

Whereas    John    Doe,  of  said  S.  on  the         day  of 

A.  D.  before  me  J.  B.  Esquire,  one  of  the  justices  of  the 
peace,  for  the  County  of  F.  aforesaid,  recovered  judgment,  on 
a  complaint  qui-lam,  for  assault  and  battery,  against  one  George 
£ox,,of  said  S.  for  the  sum  of  dollars,  as  a  fine,  for  the 

use  of  the  treasury  of  said  town  of  S.  and  also  for  the  sum 

dollars,  damages,  and  also  for  the  sum  of  dollars,  and 

cents,  cost  of  prosecution,  as  appears  of  record,  whereof 
execution  remains  to  be  done  ;  these  are  therefore  by  authority 
of  the  State  of  Connecticut  to  command  you,  that  of  the  money 
of.  the  said  G.  F.  of  his  goods  or  chattels,  within  your  pre- 
cincts, you  cause  to  be  levied,  and  the  same  being  disposed  of  as 
the  law  directs,  paid,  and  satisfied,  unto  the  said  J.  D.  the 
aforesaid  sums,  being  dollars  and  cents  in  the  whole  ; 

and  also  that  out  of  the  said  money,  goods,  and  chattels,  you 
levy  seventeen  cents  more  ior  this  writ,  together  with  .your  own 


JUSTICE  OF  THE  PEACE.  .    47 

Assault  and  Battery. 

fees  ;  and  for  want  of  such  money,  goods,  and  chattels  of  the 
3aid  G.  F.  to  be  by  him  shown  unto  you,  or  found  within 
your  precincts,  for  satisfying  the  aforesaid  sums,  you  are  hereby 
commanded  to  take  the  body  of  the  said  G.  F.  and  him  com- 
mit unto  the  keeper  of  the  gaol,  in  F.  in  the  county  aforesaid, 
within  the  said  prison,  who  is  likewise  'hereby  commanded  to 
receive  the  said  G.  F.  and  him  safely  keep,  until  he  pay 
unto  the  said  J.  D.  the  full  sums  above  mentioned,  and  be 
by  him  released ;  and  also  satisfy  your  fees.  Hereof  fail  not, 
and  make  due  return  of  this  writ  with  your  doings  thereon  unto 
me  the  said  J.  B.  within  sixty  days  next  coming.  Dated  at 
this  day  of  A.  D. 

J.      B.  Justice  of  the  Peace. 

SECRET  ASSAULT. 
Form  of  complaint  in  case  of  Secret  Assault. 
ToJ.      B.     of  S.  in  F.  county,  Esquire,  one  oi 

the  justices  of  the  peace  for  said  county,  comes  J,  N.  of  said 
S.  and  as  well  for  the  State  of  Connecticut,  as  for  herself, 
on  oath  complains,  that  on  the  day  of  A.  D.  between 
the  hours  of  two  and  five  in  the  afternoon  thereof,  at  S. 
aforesaid,  at  a  place  called  one  G.  F.  ofT.  in  said  county v 
did,  with  force  and  arms,  secretly  assault  the  said  J.  N  .and 
then  and  there,  with  like  force  and  arms,  to  wit,  with  fists,  clubs, 
Sticks,  stones,  swords,  and  guns,  her,  the  said  J.  N.  he,  the 
said  G.  F.  did  secretly  beat,  bruise,  wound,  and  evilly  en 
treat,  and  many  other  injuries  and  enormities  to  her  the  said  J. 
N.  hethe^aidG.  F.  then  and  there  secretly  did,  against; 
the  peace,  and  contrary  to  the  form  of  the  statute,  in  such  cast 
made  and  provided  ;  and  to  the  damage  of  the  said  J.  N. 
the  sum  of  dollars,  whereupon  the  said  J.  N.  prays,  that 
process  may  issue  against  the  said  G.  F.  and  that  he  may  be- 
taken, and  brought  before  proper  authority,  and  be  dealt  with 
as  the  law  directss.  Dated  at  this  day  of  A.  D 

J.    N. 
OATH. 

F.  County,  ss.  3. 

On  this         day  of        A.  D.         came  before  me,  J.       U. 
Esquire,  justice  of  the  peac<*  for  said  county,  and  being  duly 


48  JUSTICE  OF  THE  PEACE. 

Assault  ar.d  Hut'erv. 

sworn,  made  solemn  oath  to  the  truth  of  the  foregoing  com- 
plaint, by  her  subscribed.  J.  B.  Justice  of  the  Peace. 

FORM  OF  WARRANT. 

To  the  Sheriff,  (&c.  as  in  other  cases)  Greeting  ;  Whereas 
J.  N.  the  above  named  complainant  has  made  oath,  before 
me,  J.  B*  justice  of  the  peace  for  said  county,  that  her  com- 
plaint foregoing  is  true,  and  has  also  shown  to  me,  the  said  jus- 
tice B.  certain  marks,  hurts,  and  wounds,  upon  her  body,  by 
her  on  oath,  by  me  duly  administered,  alledged  to  have  been  se- 
cretly inflicted  by  the  said  G.  F.  in  manner  as  set  forth  iit 
her  said  complaint  ;  these  are  therefore,  by  authority  of  the 
State  of  Connecticut,  to  command  you  to  arrest  the  body  of  the 
said  G.  F.  and  him  forthwith  have  before  me,  the  said  jus- 
tice B.  that  ke  may  answer  the  said  complaint  of  the  said  J. 
N.  and  be  dealt  with  as  the  law  directs.  Hereof  fail  not,  and 
of  this  warrant  and  your  doings  thereon,  due  return  make,  ac- 
cording to  law.  Dated  at  S.  the  day  of  A.  D. 
The  state  duty  of  thirty-four  cents  is  paid  hereon,  and  J. 
N.  recognized  in  dollars,  for  prosecution,  &,c.  before 
me.  J.  B.  Justice  of  the  Peace. 

RECORD  OF  ENQUIRY. 

F.  County.  ss. 

Be  it  remembered,  that  on  the         day  of         A.  D.         one 
G.     F.       of  T.         in  said  county  is  brought  before  me,  J.  B. 

a  justice  of  the  peace  for  said  county  ofF.'  at  S. 

in  the  county  aforesaid,   by  virtue  of  a  warrant,  issued  by  me, 
the  said  justice  B.         on  complaint  to  me  the  said  justice  B. 
on  oath  made  by  J.      N.     of  S.         in  said  county  of  F. 
as  well  for  the  State   of  Connecticut  as  for  herself",   for  that  on 
the         day  of         A.  D.         between  the  hours  of  two  and  five, 
in  the  afternoon  thereof,  at  a  place  called  in  said  S. 

the  said  G.  F.  with  force  and  arms,  an  assault  upon  her 
body  secretly  made,  and  then  and  there  with  like  force  and 
arms,  to  wit,  with  fists,  clubs,  sticks,  stones,  swords,  and  arms, 
her  the  said  J.  N.  the  said  G.  F.  did  secretly  beat,  bruise, 
wound,  and  evilly  entreat,  and  other  injuries  and  enormities  to 


JUSTICE  OF  THE  PEACE.  4s 

Assauli  and  hatu.-ry. 

her  the  said  J.  N.  {he  said  G.  F.  then  and  there  secretly 
did,  against  the  peace,  contrary  to  the  form  of  the  statute,  in  such 
case  made  and  provided  ;  and  to  the  damage  of  the  said  J.  N. 
the  sum  of  dollars,  accompanied  with  shewing  to  me 
the  said  justice  B.  certain  marks,  hurts,  and  wounds,  upon 
her  body,  by  her  upon  oath  alledged  to  have  been  secretly  in- 
flicted by  him  the  said  G.  F.  And  the  said  G.  F.  being 
required  to  make  answer  to  said  complaint,  says,  he  is  not  guilty, 
in  manner  and  form,  as  is  in  said  complaint  alledged.  And  the 
said  justice  B.  having  inquired  into  the  truthofthe  facts  al- 
ledged in  said  complaint,  by  the  oath  of  the  said  J.  N.  and 
of  other  witnesses,  by  her  adduced,  and  heard  the  evidence  ad- 
duced by  the  said  G.  F.  and  the  arguments  urged  in  his  de- 
fence, is  of  opinion,  that  he  the  said  G.  F.  is  guilty,  in  man- 
ner and  form,  as  alledged  in  said  complaint,  and  thereupon  con- 
siders, that  he  the  said  G.  F.  recognize  with  two  sufficient 
sureties,  in  the  sum  of  dollars  to  the  said  J.  N.  condi- 

tioned, that  he  shall  appear  before  the  County  Court,  to  be  hold- 
en  on  the  Teusday  of  A.  D.  at  in  and  for  the 
County  of  F.  and  answer  said  complaint,  and  abide  the 
order  of  said  County  Court  thereon  ;  and  that  he,  in  the  mean 
time,  keep  the  peace  towards  all  the  citizens  of  this  state,  and  in 
particular  towards  the  said  J.  N.  and  that  he  stand  commit  • 
ted  until  judgment  be  performed. 

J.          B.        justice  of  the  peac? 

RECOGNIZANCE. 
F.  County,  ss.  S. 

Be  it  remembered,  that  on  the          day  of        A.  D.         per 
sonally  comes  before  me,  J.       B.     Enquire,  one  of  the  justice; 
of  the  peace  for  said  county,  G.      F.     0;      L.     and  II.      V. 
and  acknowledge  themselves  jointly,  and  severalfy,  to  owe  and 
be  indebted  to  J.      N.     of  said  S.  in  the  sum  of 

dollars  to  be  made  and  levied  of  the  goods,  chattels,   and  lands 
of  the  said  G.      F.       0.       L.      and  R.       V.      or  of  the  goods, 
chattels,  and  lands,   of  each,  ov   either  of  them,  and   for  wani 
thereof,    upon   their   respective   bodies,    if  the  said  G.       F. 
shall  fail  to  perform  the  condition    following.     The  condition  of 


50  JUSTICE  OF  THE  PEACE. 

Conspiracy. 

this  recognizance  is  such,  that  if  the  said  G.      F.     shall  person- 
ally appear  before  the  County  Court,  to  be  holden  on  the 
Tuesday  of          A.  D.  at  in   and  for  said  county  of 

F.  to  answer  to  the  complaint  of  J.     N.      of  against 

him,  for  a  secret  assault  made  upon  her  body,  contrary  to  the  form 
of  the  Statute  in  such  case  made  and  provided  ;  and  shall  abide 
the  order  of  said  County  Court  thereon,  and  in  the  mean  time 
keep  the  peace,  and  be  of  good  behaviour,  towards  all  the  good 
citizens  of  this  state,  and  in  particular,  towards  her  the  said'J. 
N.  then  the  above  recognizance  to  be  void,  otherwise  to  be 
tncl  remain  in  full  force  and  virtue. 

J.     B.  Justice  of  the  Peace. 

CONSPIRACY. 

TO  PROSECUTE  AW  IJVWOCEWT  M  JIN. 
To  J.    B.     Esquire,  one  af  the  justices  of  the  peace  for  F. 
Bounty,  comes  J.       D.     a  grand  juror  of  S.  .        in  said  county, 
ind  complains,  that  upon  the          day  of          A.  D.  to  wit, 

on,  or  about  the         day  of  A.  D.         A,  B,  and  C,  all  of 

said  S.  wickedly,  wilfully,  and  maliciously,  and  with  in- 

tent to,  injure,  oppress,  and  subject  to  infamy,  disgrace,  and 
corporal  punishment,  ft.  R.  of  said  S.  did  conspire, 

Uid  combine  together,  to  procure  the  said  R.  R.  to  be 
falsely  indicted,  tried,  and  punished,  for  the  crime  of  theft,  and 
;y  pursuance  of  such  wicked  and  malicious  conspiracy,  and  com- 
bination, did,  on  the  day  of  A.  D.  aforesaid,  at 

S.  in  said  county,  cause  him,  the  said  R.         R.         to  be 

falsely  cm.  plained  against,  unto  J.  B.  Esquire,  one  of  the 
justices  of  the  peace  for  the  county  of  F.  and  by  him  tried  for 
<:tid  crime  of  theft,  whereof  he  was  then  and  there,  on  such  tri 
sri,  acquitted  :  all  which  doings  of  the  said  A.  B.  and  C.  arc 
against  the  peace,  and  contrary  to  law. 
Dated  at  this  day  of  A.  D.  J.  D.  Grand  Juror. 


COMPLAINT. 

FOR  DISORDERS  IW  THE  WIGHT  SEJ1SOW. 
To  J.     B.     Esquire,  one  of  the  justices  of  the  peace  for  F. 
comes  J,     D.    of  b.    in  said  County,  and  as  well  for  the 


JUSTICE  OF  THE  PEACE.  51 

Conspiracy. 

State  of  Connecticut,  as  himself,  in  this  behalf,  complains,  that 
luring  the  night  season  next  following  the  day  of  A.  D. 

A,  B,  C,  and  D,  all  of  with  force  and  arms,  broke,  and  en- 
tered into  the  garden  of  the  said  J.      D.     in  aforesaid,  and 
being  so  entered,  did,  with  like  force  and  arms,  then  and  there, 
pull  up,  and  cut  to  pieces,  his,    the   said  J.     D.     's  watermelon 
vines,  then  and  there  in  said  garden  growing,  and  with  like  force 
and  arms,  did  pluck  from  off  the  said  vines,  and  carry  away  fifty 
large  watermelons  the  property  of  the  complainant,  each  of  the 
value  of  twenty  cents,  and  other  injuries  and   enormities  to    the 
said    J.     D.     the   said  A,  B,  C,  and  D,  then,  and  there  did, 
against  the  peace,  and  contrary  to  the  statute,  in  such  case  made 
rmd  provided  ;  and  to   the  damage  of  the  said  J.     D. 
dollars,  whereupon  the  said  J.     D.     prays  process,  that  said  A, 

B,  C,  and  D,  may  be  arrested,  and  brought  before  proper  author- 
ity, and  be  dealt  with,  made  to  do,  and  suffer,  as  the  law  directs. 
Dated  at  this         day  of        A.  D.  J.     D, 

WARRANT. 

(As  in  other  complaints  qui-tam.] 

RECORD. 

Also  the  same  as  in  other  cases,  until  the  issue  is  joined,  when, 
oaj/,  having  examined  the  said  A,  B,  C,  and  D,  concern- 
ing the  disorders,  and  damages  alledged  in  said  complaint,  and 
neither  of  the  said  accused  having  given  any  account,  satisfactory 
to  me,  the  said  justice  B.  where  they  were,  when  the  disor- 
ders and  damages  complained  of  were  committed,  and  done,  and 
that  they  had  no  hand  in  doing  the  same  ;  and  having  heard  the 
evidence  adduced,  and  arguments  urged  by  the  parties,  I  thr 
said  justice  B.  do  find,  that  they  the  said  A,  B,  C,  and  D, 

are  guilty,  in  manner  and  form,  as  is  ia  said  complaint  alledged  ; 
whereupon  it  is  considered  4-c.  (as  in  the  judgment,  or  complaint 
for  ctssaidt  and  battery. ) 


JUSTICE  OF  THE  PEACE. 


Theft. 


CHAPTER  VI 


THEFT. 


T, 


HEFT  is  the  felqnious  taking,  and  conveying  away,  ol 
the  personal  goods  of  another.*(a)  There  must  be  a  taking,  to 
constitute  a  theft.  No  delivery  of  the  goods  by  the  owner  to  the 
offender,  upon  trust,  can  be  the  ground  of  theft.  If  I  lend  my 
horse  to  another,  and  he  rides  away  with  him,  or,  if  J  send  goods 
by  a  carrier,  and  he  carries  them  away,  these  are  all  breaches 
of  trust,  but  no  theft.*  But  if  the  carrier  opens  a  bale,  or  pack- 
age of  goods,  or  pierces  a  vessel  of  wine  or  other  valuable  li- 
quor, and  takes  away  a  part  of  it,  or  if  he  carries  it  to  the  place 
appointed,  and  afterwards  lakes  away  the  whole,  these  are  theft : 
for  here  the  intention  of  stealing  is  manifest,  There  must  also 
be  a  carrying  away,  A  bare  removal  from  the  place  in  which 
he  found  the  goods,  though  the  theif  does  not  quite  make  off  with 
them,  as  if  he  be  leading  a  horse  out  of  a  pasture,  or  carrying 
goods  taken  in  a  chamber,  downstairs;  or  has  taken  goods  out 
of  a  chest,  and  laid  them  on  the  floor,  with  a  design  of  making  off 
with  them,  is  a  sufficient  carrying  away. (6)  The  taking  and 
carrying  away,  must  be  with  intention  of  stealing  :  this  requisite, 
besides  excusing  those  who  labour  under  incapacities  of  mind, 
or  will,  such  as  infants  under  the  age  of  discretion,  (commonly 
said  to  be  fourteen  years)  ideots,  lunatics,  during  the  continu- 
ance of  their  lunacy  ;  mad,  or  distracted  persons,  and  wives  act- 
ing under  the  co-ercion  of  their  husbands,  also  indemnifies  mere 
trespassers,  and  other  petty  offenders,  such  as. a  servant  who 
takes  his  master's  horse,  without  his  knowledge,  and  brings  him 
home  again,  or  a  neighbour  who  takes  another's  plough,  left  in 
the  field,  and  uses  it,  and  then  returns  it.(o)  This  felonious 

*  If  my  goods  are  deposited  in  the  custody  of  another,  I  may  steal  then! 
by  taking  them  from  him  with  such  intention. 

(a)  4B1.  Com.  229.  (i)  4  Bl.  Com.  230-  231. 

(c)  Ibid.  22,  23,  23,  232. 


JUSTICE  OF  THE  PEACE. 


Theft. 


taking  and  carrying  away,  must  be  of  the  personal  goods  of 
another.  If  they  are  things  real,  or  savor  of  the  realty,  such  as 
grass,  and  trees,  growing  upon  the  land,  it  is  not  theft,  but  a  mere 
trespass  ;  but  if  they  be  cut  and  severed  from  the  land  at  one 
time,  and  at  another  are  carried  away,  it  may  be  theft.  Fruit, 
upon  trees,  also  so  savors  of  the  realty,  that  the  plucking  and* 
carrying  it  away,  at  one  and  the  same  dine,  seems  only  a  tres- 
pass ;  but  otherwise,  if  plucked  at  one  time,  and  carried  away 
at  another  :  so  of  grain,  esculent  roots,  and  garden  productions, 
though  considered  to  be  personal  property  for  certain  purposes  ; 
yet  to  gatherer  pluck,  and  carry  them  away  at  the  same  time,  is 
not  theft.(d)  Bonds,  biJls,  and  notes  were  at  the  common  law, 
held  not  to  be  goods  whereof  theft  might  be  committed  ;  but  by 
Statute,  the  taking  or  purloining  of  any  bill,  or  bills  issued  by 
any  bank  in  this  state,  or  any  of  the  United  States  ;  of  any  deed, 
lease,  indenture,  bond,  foreign  or  inland  bill  of  exchange,  or  or- 
der, promissory  note,  receipt,  or  discharge  ;  any  record  or  pro- 
cess, belongfng  to  any  public  office,  or  court  of  justice  ;  and  any 
book  account,  or  evidence  of  adjustment  and  settlement  whatev- 
er, with  felonious  intent  is  to  be  deemed  theft.(e)  Theft  cannot 
be  committed  of  any  wild  animals  at  large,  whilst  wild  ;  nor  of 
fish,  while  at  large  in  the  water  ;  nor  of  any  article  whatever, 
unless  there  be  some  property  in  the  thing,  and  an  owner  ;  yet 
if  the  owner  be  unknown,  but  there  be  a  property  in  it,  it  is 
theft  to  take  it,  with  the  intention  of  stealing.(/) 

Upon  prosecutions  for  theft,  where  the  value  of  the  goods  sto!-? 
en  does  not  exceed  thirty  dollars,  the  justice  must  either  acquit, 
or  convict  the  prisoner;  but  if  the  value  of  the  goods  exceeds 
thirty  dollars,  and  the  justice,  on  the  evidence  introduced,  is  con- 
vinced that  the  prisoner  is  guilty,  it  is  his  duly  to  order  and  direct, 
that  he  find  sureties  for  his  appearance  at  the  next  County  Court, 
to  answer  the  complaint,  and  for  want  of  finding  such  sureties, 
to  commit  him  to  gaol,  there  to  remain  until  delivered  by  order 
of  law. 

f(t)  1  Bac.  Sher.  202,  (       (e)  I  St.  648,        (/)  4  Bl.  Com.  255,  S3J. 


54  JUSTICE  OF  THE  PEACE. 


Theft. 


For  due  authentication  and   service  of  criminal  process,  see 
Complete  Constable,  under  their  proper  heads. 

FORMS  OF  PROCESS. 
COMPLAINT  7.V  CASE  OF  PETIT  LARCEJYY. 

To  J.       B.     of  S.  in  the  county  of  F.         Esquire, 

one  of  the  justices  of  the  peace,  for  said  county,  comes  J.  D. 
a  grand-j^ror,  (or  constable,')  of  said  S.  and  complains,  that 

on,  or  about  the         day  of         A.  D.         at  said  S.  one 

G.  F.  of  (or  a  trancieni  person,  as  the  case  maybe,)  with 
force  and  arms,  feloniously  took,  stole,  and  carried  away,  from 
the  possession  of  R.  R.  of  said  S.  one  silver  thimble 

of  the  value  of  fifty  cents,  of  the  proper  goods  and  chattels  of  the  , 
said  R.      R.     against  the  peace,  and  contrary  to  the  form  of  the 
statute,  in  such  case  made  and  provided. 

Dated  at         the         day  of         A.  D.     J.  D.     Grand  Juror. 

WARRANT. 

T.o  the  sheriff  of  the  county  of  F.  his  deputy,  or  cither  of 
the  constables  of  the  town  ot  S.  within  said  county,  Greeting  : 
By  authority  of  the  State  of  Connecticut,  you  are  hereby 
commanded,  to  arrest  the  body  of  the  above  named  G.  F. 
and  him  forthwith  have,  before  me,  J.  B.  Esquire,  a  justice 
of  the  peace,  for  said  county,  or  some  other  justice  of  the  peace, 
in  and  for  said  county,  that  he  may  answer  the  foregoing  com- 
plaint, and  be  dealt  with  as  the  law  directs.  Hereof  fail  not  ; 
but  of  this  warrant,  with  your  doings  thereon,  make  due  return, 
according  to  law.  Dated  at  this  day  of  A.  D. 
J.  B.  Justice  of  the  Peace, 

RECORD. 

F.  County,  ss.     S. 

Be  it  remembered,  that  on  the       day  of        A.  D.     G.     F. 
of          is  brought  before  me,  J.      B.      Esquire,  a  justice  of  the 
peace  in  and  for  the  county  of  F.         at  said  S.  by  virtue  of 
a  warrant,  issued  by  me,  tho    said  justice  B.  on    the    com- 
plaint of  J.     .    D.         a  grand  juror  of  said  S.  for,   that  the 


JUSTICE  OF  THE  PEACE. 


Theft. 


said  G.         F.         on  the         day  of         A.  D.         at  said  S. 
with  force  and  arms,  feloniously  took,  stole,  and    carried  away, 
from  the  possession  of  R.       R;         of  said  S.  one  silver 

thimble,  of  the  value  of  fifty  cents,  of  the  proper  goods  and  chat- 
tels of  the  said  R.  R.  against  the  peace,  and  contrary  to 
the  form  of  the  statute,  in  such  case  made  and  provided  :  and 
the  said  G.  F.  being  required  by  me,  the  said  justice,  to 
make  answer  to  said  complaint,  says,  he  is  not  guilty,  in  manner 
and  form,  as  is  in  said  complaint  alledged,  and  thereof  puts  him- 
self on  trial. 

And  I,  the  said  justice,  having  heard,  as  well  the  evidence  ad- 
duced in  support  of  said  complaint,  as  in  behalf  of  the  said  G. 
F,         and  the  arguments    urged  in  his   defence,   find   that   he, 
the  said   G.    .  F.         is    guilty,    in   manner   and  form,  as  is  id* 
said  complaint  alledged,  that  the  said  thimble  so  by  him  stolen, 
was  when  so  stolen  of  the  value    of  fifty  centa,  ;  and  it  is  there- 
upon considered,  by  me,  the  said  justice;  that  the  said  G.     F. 
pay  to  the  said  R.       R.         the  sum  of  one  dollar  and  fifty  cents 
as  the  treble  value*  of  said  thimble,  by  him  stolen,    and  that  he 

*  The  judgment  ought  in  all  cases,  to  include  a  sentence  for  the  pay 
ment  of  the  treble  value  of  the  goods  stolen,  otherwise,  the  County  Court 
would  have  no  jurisdiction  in  cases  of  theft,  except  for  horse  stealing.  Thr 
punishment  for  simple  theft,  is  a  fine  not  exceeding  seven  dollars,  and  whip- 
ping j  not  exceeding  ten  stripc3j  and  three  fold  value  of  the  goods  stolen,  to 
the  owner.  The  fine  and  stripes  may  all  be  inflicted  by  a  justice  of  the 
peace.  If  a  thief  should  he  brought  before  a  justice  of  til*?  peace  on  com* 
plaint  by  grand-juror,  for  stealing  a  ships  cargo,  worth  half  a  million  of  dol 
iars,  and  the  treble  value  of  the  goods  stolen,  could  not,  on  that  process,  be' 
adjudged  to  the  owner,  the  justice  couui  not,  according  to  the  statute  regula- 
ting lus jurisdiction,  in  matters  of  delinquency,  bind  the  prisoner  to  the 
County  Court,  for  trial,  but  must  indict  the  seven  dollars  fine,  and  ten 
stripes,  (all  which  the  County  Corut  could  inflict  in  the  case)  and  let  the 
prisoner  go.  This  construction  of  the  statute  is  natural :  the  first  penalty  to  br 
inflicted  is  the  forfeiture  of  the  treble  value  of  the  money,  &c.  stolen,  or  per- 
loined,  to  the  owner,  and  (then  as  an  addition  to  the  preceding)  tTie  convict 
is  to  be  further  punished  by  fine,  £c.  But  how  can  the  convict  be  further 
punished,  if  no  penalty  lias  been  already  inflicted,  if  ho  has  not  been  firs! 
sentenced  to  pay  the  treble  value  of  the  money ,|£c.  stolen  ? 

Mr.  Day,  in  his  note  on  this  paragraph  ofthe  Statute,  says,  it  was  adopt- 
ed from  one  Ixrfore  enacted,  in  Massachusetts.    11,  is  believed,  that  in  that 


56  JUSTICE  OF  THE  PEACE. 

Theft. 

a/5o  pay  a  fine  of  two  dollars,  to   the    use  of  .the  treasury  of  the 
town  ofS.         aforesaid,  together  with  the  cost  of  this  prosecu- 
tion, taxed  at  dollars,  and     cents  and  stand  committed  until 
judgment  be  satisfied.  J.         B.       Justice  of  the  Peace. 
Trebble   damages  g  1,  50} 

Fine  2.        f    The  prisoner  having  satisfied  said 

Cost.  3.    10  f  judgment  by  payment  of    $6.  60 

)    is  discharged. 

f>  60. 

J.         B.         Justice  of  the  Peace. 

RECORD. 

Of  judgment  on  complaint  by  grand  juror,  where  the  value  oj 
the  goods  stolen,  exceeded  eighty-three  cents,  and  is  leas  than  three 
Collars  and  thirty-four  cents. 

F.  County,  ss.  S, 

Be  it  remembered,  that  on  this  day  of  A.  L). 

G.         F.         of  is  brought  before  me,  J.  B.         Es- 

quire,  one  of  the  justices  of  the  peace  for  F.  county,   at 

S.  »n  said  county,  by  virtue  of  a  warrant,    issued  on  the 

complaint  of  J.          D.         a  grand  juror  of  said  S.  by  L. 

L.  Esquire,  a  justice  of  the  peace  for  said  county  of  F. 
for,  that  the  said  G.  F.  en  or  about  the  day  of 
at  said  S.  with  force  and  arms,  feloniously  took,  stole,  and 

carried  away,  from  the  possession  of  R.         R.         of  said  S. 
{here  describe  the  articles  stolen,  stating   the  value  of  eac/i)  all  ot 

state,  the  forfeiture  to  the  owner,  of  the  treble  value  af  the  goods  always  con- 
stitutes ajfpart  of  the  sentence.  -The  10th  section  ef  their  act  of  March  15th, 
1785,  warrants  this  belief.  New  Hampshire,  like  Connecticut,  seems  to  have 
idoptcd  that  part  of  the  Massachusetts  act,  inflicting  a  forfeiture  of  the  treb- 
le value  of  the  goods  stolen,  which  is  always  inflicted  on  a  conviction.  The 
books  of  forms,!  in  those  states,  neither  of  them  furnish  any  of  qui-tam  crim- 
inal processes ;  but  bo*h  furnish  forms  of  records  of  prosecutions,  in  which  a 
part  of  the  sentence  for  theft  is,  that  the  convict  pay  tfa  sum  of  as  ant1 

,  for  Iks  treble  value  of  (he  goods  stolen. 

Though  such  is  in  the  opinion  of  the  author,  the  true  construction  of  the  law, 
and  his  forms  arc  framed  accordingly  ;  yet,  what  relates  to.  the  treble  value 
of  the  goods  stolen,  is  in  italics,  and  can  be  easily  ommiUed,  if  judged  proper 

j:  M(Mrtr?r"->'fft  fatHctA  nssistant,  and  Nav  II  ampshire  complete  justif. 


JUSTICE  OF  THE  PEACE.  57 


the  goods  and  chattels  of  the  said  R.  R.  and  of  the  value 
of  dollars  and  cents,  against  the  peace,  and  contrary  to  the 
form  of  the  statute,  in  such  case  made  and  provided  :  and  the 
oaid(j.  F.  being  required  to  make  answer  to  said  com- 
plaint, says,  he  is  not  guilty,  in  manner  and  form,  as  in  said 
complaint  is  alledged  ;  and  thereof  puts  himself  on  trial.  And 
I,  the  said  justice  B.  having  heard,  as  well  the  evidence  ad- 
duced in  support  ol'said  complaint,  as  that  in  defence  of  the 
said  G.  F.  together  with  the  arguments  in  his  behalf  ur- 
ged, do  find  that  he  is  guilty,  in  manner  and  form,  as  is  in  said 
complaint  alledged  and  do  also  find,  that  tho  said  goods  and  chat- 
tels, .so  by  him  stolen,  are  all  of  the  value  of  two  dollars  and  for- 
ty cents  ;  whereupon  it  is  considered,  by  me,  the  said  justice  B. 
that  the  said  G.  F.  forfeit  and  pay  to  the  said  R.  R. 
the  sum  of  seven  dollars  and  twenty  cents,  being  the  treble  value  of 
the  said  goods  and  chattels,  so  stolen  from  him,  by  the  said  G. 
F.  and  that  he  the  said  G.  F.  forthwith  pay  to  the 
use  of  the  treasury  of  the  town  of  S.  aforesaid,  a  fine  of 

dollars,  or  give  security,  speedily  to  do  the  same  ;  and  that  he  pay 
the  cost  of  this  prosecution,  taxed  at         dollars          cents.    And 
the  said  G.          F.          refusing  to  pay  the    sums  aforesaid,  or  to 
give  security  that  he  will  speedily  pay   said   fine,   it   is  further 
considered  by  me,  the  said  justice  B.          that  the   said   G. 
F.          be  punished  by  whipping          stripes,  on  his  naked  body, 
nnd  that  he  be  assigned  in  service  unto  the  said  K.         R. 
for  the  space  of  months,  and         days  next  coming,  who  is 

hereby  authorised  to  hold  the  said  G.  F.  in  service,  ot- 
to assign  him,  the  said  G.  F.  in  service  to  any  citizen  on 
the  United  States,  until  said  sum  shall  be  completed,  for  the  sat 
isfaction  of  said  treble  value  of  said  goods  and  chattels  so  stolen, 
together  with  the  cost  of  this  prosecution  ;  and  that  the  said  G. 
F.  stand  committed,  until  sentence  be  performed. 

J.  B.         justice  of  the  peace. 

'NOTE. — The  above  form  ts  where  there  is  a  refusal  or  inability 
to  pay  the  sums  adjudged  ;  but  if  payment,  be  wade,  al:  rukat    re- 
iates  to  the- whipping,   and   binding  to   sci~i<->,    is   to  be  on: 
Though  the.  payment  be.net  made  at  the  />'w  of  midTing  ihr.  jndy 


iCE  OF  THE  PEACE. 


•in.ent,  yet  if  the  prisoner  offers  sufficient  security  for  the  spe  edy  pay- 
ment of  the  fine,  he  may  not  be  wMflp'ed3,  but  must  be  assigned  in 
serv^ee^for  the  treble  value  and  cost,  unless  there  shall  be  a  restor- 
ation of  the  articles  stolen,  which  will  reduce  the  yum  to  double  the 
value,  instead  oj  treble,  and  the  binding  in  service  must  be  accord- 
ingly, and  the  restoration  be  noted  in  the  record,  as  in  the  form 
-I  cxt  following. 

RECGtitk 

Ofjudg;nent,  where  the  value  of  the  goods  stolen  exceed  $3,34, 
and  arc  not  of  greater  value  than  $30,  the  same  as  the  forego- 
ing, varying  the  sums  according  to  fact,  until  after  the  words 
taxed  at  dollars,  and  cents,  then  say,  and  that  the 

<l  G.         F.         be  further  punished  by  whipping      stripes, 
on  his  naked  body. 

A. 'id  the  said  G.  F.  having  restored  to  the  said R.  R. 
the  said  goods  and  chattels,  so  stolen  from  him,  but  refusing  to  pay 
the  residue  of  suid  treble  value  of  said  goods,  and  chattels,  amount- 
ing to  the  sum  of  dollars  and  cents,  l)cir,g  the  double 
value  of  said  goods,  and  chattels  ;  and  in  the  like  manner  refus- 
ing to  pay  said  fine,  and  costs,  or  to  give  security  that  he 
will  speedily  pa\  taid  fine  ;  it  is  further  considered,  that  he  the 
said  G.  F.  be  assigned  in  service  to  the  said  R.  R. 
(as  ir  the  preceding,  to  the  end,  except  the  -word,  double,  which 
must  be  inserted  instead  of  the  word  treble,  and  tile  word,  fine. 
added  to  it;  but  if  tin-  ornclts  stolen,  are  not  restored,  leave  out 
the  word;-  in  italic?,  relating  to  such  restoration. 

J-r.WRJlj\T  OF  EXECUTION. 

To  the  sheriff  of  the  county  of  F.  his  deputy,  or  cither 

of  the  constables  of  the  town  of  S.  within  said  county  Gree- 

in"-  :  Whereas  G.  F.  ofS.  aforesaid,  on  the  day 
of  A.  D.  was  before  me,  J.  B.  one  of  the  jus- 
tices of  the  peace,  for  said  county  of  F.  at  S.  in  said 
county,  convicted  of  having  stolen  the  goods  and  chattels  of 
R,  R.  of  said  !?.  at  S.  aforesaid,  on.  or  about 


JUSTICE  OF  THE  PEACE. 


the  dsy  of         A.   D.          which    goods  and  chattels,  so   by  the 
said"G.     F.     stolen,  were  then  and  there,  of  the  value  of 
and  whereas  it  was,  upon    said   conviction,  considered,    by  me. 
the  said  justice    B.         that  the  said  G.         F.         pay  to  the 
said  R.         R.          the  sum  of  being  the  treble  value  of  said 

goods  and  chattels,  so  by  him  the  said  G.  F.  stolen,  and 
that  he  forthwith  pay,  to  the  use  of  the  treasury  of  said  town  ci 
S.  a  fine  of  dollars,  (or  that  he  give  security  that  he 

would  speedily  pay  said  fine,)  together  with  the  cost  of  said 
prosecution,  taxed  at  the  sum  of  dollars  and  cents. 

And  whereas  the  said  G.  F.  then,  and  there,  before  me. 
the  said  justice  B.  refused  to  pay  said  several  sums,  or  ^ivr 
security  that  he  would  speedily  pay  said  fine,  it  was  further  con  • 
sidered,  by  me,  the  said  justice  B.  (that  the  said  G.  F. 

be  pvnh-hc d  by  whipping  stripes,    MI    his  naked  body,  and) 

that  he  be  assigned  in  service,  to  the  said  R.          R.          for   the 
-p.'ice  of         months,  and         days,  next  coaling,  who  was  there- 
by .iiithodscd  to  hold  the  said  G.         F.         as  bis   servant,  '  or 
it  aim,  the  said  G.         F.         in   service   to  any   citizen  of 
the  United  States,  until  said  ierin  shall  be  completed  for  the  sat- 
fion  of  said  treble  value  of  said  articles  stolen,   together   with 
ro.st  of  prosecution. 

These  are,  therefore,  by  authority  of  the  State  of  Connecticut, 
to  command  you,  without  delay,  to  convey  the  said  G.          F. 
to  some  proper  public  place,  and  there  iiulict  stripes  upon 

his  naked  body,  and   immediately    thereafter  deliver    the   said 
G.         F.         together  with  a  true  and  attested  copy  of  this  war 
rant  unto  him  the  said    R..         It.          Hereof  fail  not,    and    of 
this  warrant  and  your  doings  thereon,    due    return    forthwith  to 
.'cc.      Dated  at          thi.s          d.'iy  of          A.    I) 

J.          B.          Justice  of  the  Peace. 

NOTE — If  the.  value  of  the  goods  stolen   exceed  $3,34,  a-ti  d  d>; 
not  exceed  $30,  insert  the  words  (And  that  the  said  G.          F. 
be  punished  by  whippii':;  stripes  upon  his  naked    body,) 

immediately  r-jltr  tin-  vord  cents,  in  the  cost,  am!  omit  the  same 
words  below,  in  italics    and  between  brackets. 


60  JUSTICE  OF  THE  PEACE. 


Theft. 


RECORD. 

Of  a  'judgment,  in  case  where  the  articles  stolen,  exceed  tJie  val- 
ue of  $3.  34,  and  do  not  exceed  the  value  r/$30. 

F.  County,    ss.         S. 

Be  it  remembered,  that  on   this  day  of  A.  I). 

(jr.          F.          of  said  S.  is  brought  before  me,  J.          B. 

Esquire,  one  of  the  justices  of  the  peace,  for  F.  county,  at 
S;  in  said  county,  by  virtue  of  a  warrant,  issued  on  the 
complaint  of  J.  D.  a  constable  of  said  S.  by  the 
Honorable  R.  M.  S.  Esquire,  one  of  the  assistants 
of  the  State  of  Connecticut,  for,  that  the  said  G.  F.  cii. 
or  about  the  day  of  IA.  D.  at  in  said  county, 
took,  stole,  and  carried  away  from  the  possession  of  one  R. 
R.  of  said  S.  one  certain  red  cow,  of  the  value  of  thirty 
dollars,  the  proper  goods  and  chattels,  of  the  said  R.  R. 
against  the  peace,  anu  contrary  to  the  form  and  effect  of  the 
statute,  in  such  case  raade  and  provided.  And  the  said  G. 
F.  being  required  to  make  answer  unto  said  complaint,  says, 
he  is  not  guilty,  in  manner  and  form,  as  is  in  said  complaint  al- 
ledged,  and  thereof  puts  himself  on  trial  ;  and  1  the  said  justice 
B.  having  heard,  as  well  the  evidence  adduced  in  support  oi 
said  complaint,  as  in  defence  of  the  said  G.  F.  together 
with  the  arguments  urged  in  bis  behalf,  do  find  that  the  said  G. 

F.  is  guilty,  in  manner  and  form,  as  is  in  said  complaint   alledg- 
ed,  and  do  also  find  that  the    said    cow,  so  stolen  by   the    said 

G.  F.         was,  when  stolen,  of  the  value   of  thirty    dollars  ; 
whereupon  it  is  considered,  by  me,  the  said  justice  B.         that 
the  said  G.         F.         forfeit  and  pay  to  the   said  R.         R. 
the  owner  of  said  com,  the  sum  of  ninety  dollars,    being  ihe   treble 
value  of  said  cow,  when  stolen,  and  that  he  the  saidG.         F. 
forthwith  pay  to  the  use  of  the    treasury  of  said  town  ,\  fine   of 
five  dollars  (or  give  security  that  he  will  speedily  pay  the  same; 
together  with  the  cost  of  this  prosecution^  taxed   at          dollars 
and  cents,  and   that   h<-  be  farther   punished   by  whipping 

stripes  on  his    naked  body.     And  the  said  G.         F. 
being  unable  to  pay  to  the  said  R.         R.          the  sa'id  sum  o 
the  treble  value  of  said  cotr.  s/"  !  (',  F. 


JUSTICE  OF  THE  PEACE.  61 


it  is  further  considered,  by  me,  the  said  justice  B.  that  he  the 
said  G.  F.  be  assigned  in  service,  to  him,  the.  said  R. 
R.  for  the  space  of  months  next  coming,  who  is  hereby  au- 
thorized to  hold  Ju'm,  the  said  G.  F.  in  service,  or  to 
assign  him,  the  said  Q,  F  in  service  to  any  citizen  of  the 
United  States,  until  said  term  shall  be  completed,  for  the  satis- 
faction of  said  treble  value  of  said  cow,  so  stolen;  and  that  a 
warrant  of  distress  issue  to  levy  of  the  goods  and  estate  of  the 
said  G.  F.  the  amount  of  said  fine,  and  cost,  and  that 
he  stand  committed  until  sentence  be  performed. 

J.       B.        Justice  of  the  Peace. 

WARRANT  OF  EXECUTION  AXD  DISTRESS. 

To  the  sheriff,  &c,  (in  common  /or//t)  Greeting  : 

Whereas  G.          F.         of  S.  aforesaid,  on  the         day 

of  A.  D,  was  before  me,  J.  B.  Esquire,  one  of 
the  justices  of  the  peace  for  said  county  of  F.  at  S. 

jn  said  county,  convicted  of  having  stolen  a  cow,  of  the  value  of 
$30,  from  one  R.  R.  of  said  S.  and  whereas  the 

said  G.  F.  was  upon  said  conviction,  considered  by  me, 
the  said  justice  B.  to  pay  ihe  said  R.  R.  the  sum  of 
$90,  being  the  treble  value  of  said  cow,  so  stolen  from  him  the  said 
R.  R.  and  that  the  said  G.  F.  forthwith  pay. 

to  the  use  of  the  treasury  of  the  town  of  S.-t  aforesaid,  a 

fine  of  dollars,  (or  give  security  that  he  would  speedily  do 

the  same)  together  with  the  cost  of  said  prosecution,  taxed  ai 
the  sum  of  dollars.  And  that  he  be  further  punished  by 

whipping         stripes  on  his  naked  body.     And  -whereas  ihe  said 
G.          F.         being  unable  to  pay  the  ?aid  sum  of  $90,   the  said 
treble  value  of  the  said  cow,  so  by  him  stolen  from  the  said  R. 
R.         it  rt'«s  further  considered  by  me,   the  said  justice  B. 
that  the  said  G.         F.          be  assigned  in  service  to  him  the  said 
R.         R.        for  the  space  of    '  next  coming,  who  was 

thereby  authorized  to  hold  the  said.G.  F.  in  service,  or 
to  assign  him  in  service  toanyoftlic  citizens  of  the  United  States t 
until  said  term  shall  be  completed,  for  the  satisfaction  of  the  said 
treble  value  of  said  cow,  so  stolen ;  and  that  a  warrant  of  distress 
is3ue  to  levy  of  the  goods  and  estate  of  the  said  G.  F.  the- 


JUSTICE  OF  THE  PEACE. 


amount  of  said  fine  and  costs.  These  are  therefore,  by  author- 
ity of  the  State  of  Connecticut,  to  command  you,  without  dejay, 
to  convey  the  said  G.  F.  to  some  proper  public  place, 

and  there  inflict  stripes  on  his  naked  body,  and  immediately 
thereafter  deliver  the  said  G.  F.  together  with  a  true  and 
attested  copy  of  this  warrant,  unto  him  the  said  R.  R. 
And  that  of  the  money  of  the  said  G.  F.  or  of  his  goods, 
or  estate,  you  cause  to  be  levied  the  said  fine,  and  costs,  amount- 
ing in  the  whole  to  the  sum  of  tioilars,  and  cents,  with 

cents  more,  for  this  warrant,  together  with  your  own  fees  ; 
and  the  sura  or  sums  which  you  shall  so  levy,  pay  to  the  subscri- 
ber, to  be  disposed  of  as  the  law  directs.  Hereof  fail  not,  and 
make  due  return  of  this  warrant,  and  your  doing?  thereon,  to  the 
subscriber  within  sixty  th.ys  next  coming. 

Dated  at         this         day  of         A.  D. 

J.          B.          Justice  of  the  Peace. 

RECORD  OF  ENQUIRY. 

In  case  where  the  goods  stolen,  cxeeed  the  value  o/"$30. 

F.  County,  ss.     S. 

Be  it  remembered,  that  on  the         day   of        A.  D.         out 
G,         F.         a  trancient  person,  is  brought   before  rae,  J. 
B.         one  of  the  justices  of  the  peace,  for  said  county  pf  F. 
at  S.         in  said  county,  by  virtue  of  a  warrant,   issued  by  me, 
the  said  justice  B.         on  the  complaint  of  J.       D.         a  grand 
juror  of  said  S.       for,  that  the  5.1  id  G.       F.         on,  or  about  the 
day  of          at  said  S.          with  force  and  arms,  feloniously 
took,  stole,  and  carried  away,  from  the  possession  of  R.         R. 
of  said  S.  (Jiere  describe  the  articles  stolen,  and  the  value  of 

each}  all  the  goods  or.d  chr-i  u.,s  of  the  said  R.  R.  and  of 
the  value  of  dollars  and  cents,  against  the  peace,  and 
contrary  to  UK;  statute,  in  such  case  made  and  provided..  And 
fhe  said  G.  F.  being  required  to  make  answer  to  said 
complaint,  says,  he  is  not  guilty,  in  manner  and  form,  as  in 
said  complaint  is  ailedged.  And  I  the  said  justice  B.  hav- 
ing duly  enquired  into  the  facts  ailedged  in  said  complaint,  am  of 
.opinion,  that  they  are  true,  and  that  the  articles  ailedged  therein 
to  have  ..bean  stolen,  exceed  the  value  of  $30.  Whereupon  it  ir 


JUSTICE  OF  THE  PEACE. 


considered  by  me,  the  said  justice  B.          that  the  said    G. 
F.          recognize,  with  one  sufficient  surety,  to  the  State  of  Con- 
necticut, in  the  sutn  of         dollars  ;  conditioned,  that  the  said  Gr. 
F.         shall  appear  before  the  County  Court,  to  be  holden  at 
in  and  for  F.          county,  on    the         Tuesday  of         A.  D. 
and  answer  the  matters  in    said  complaint  alledged,  and  abidfc 
the  order  of  said  County  Court  therein,  and,  in  default  of  recog- 
nizing  as  aforesaid,  that  he  be  committed  to  the  common  gaol  in 
said  county,  thereinto  beheld  until  he  shall  be  delivered  by  dr- 
der  of  law. 

NOTI: — If  the  prisoner  be  charged  with  stealing  a  horse,  the 
judgment  may  be,  that  he  recognize  to  appear  before  the  Supe- 
riour  Court,  if  such  Court  sets  in  that  county,  before  any  County 
Court,  and  the  recognizance  taken  accordingly,  both  Courts 
having  jurisdiction  of  that  crime. 

RECOGNIZANCE. 

F.         County,  ss.  S. 

Be  it  remembered,  4'e.  (the  same  as  i:i  recognizance  for  keep- 
ing the  peace,  excepting  ths  condition  ^/ir'ivi  is  as  follows).  The 
condition  of  this  recognizance,  is  such,  that  if  the  said  G. 
F.  shall  personally  appear  before  the  County  Court,  to  be 
holden  at  in  and  for  the  county  of  on  the  Tuesday 
of  A.  D.  and  answer  the  complaint  of  J.  D. 

a  grand  juror  of  said  S.         charging  him  the  said  G.         F. 
wit!:  having,  with  force  and  arms,  feloniously  taken,   stolen,  anu 
carried    away,    from   one   R.         R.          his   goods    and    chat- 
tels, of  the  value  of          dollars,  and   abide   the  order   of  said 
County  Court,  touching  all  the   matters   alledged  in    said   com 
plaint,  then  this  recognizance  to  be  void,  otherwise  to  remain  ir, 
fail  force  and  virtue  J.         B.          Justice  of  the  Peace. 

MITTIMUS, 

To  the  sheriff,  &c.  and  either  constable  of  S.         Gree, 

Mm*:  WheresG.  F.  of  on  the  day  of  A.  D. 
\\  as  brought  before  me,  J.  B.  Esquire,  a  justice  of  the 
peace,  for  sard  coMP.ly,  bv  vJ^tn^ofp  \mrnnt- ;««ijed  by  me.  th« 


d4  JUSTICE  OF  THE  PEACE. 


said  justice  B.          on  the  complaint  oi'J.  D.  a    granel 

juror  o!' said  S.  ibr  that,  thu  said  G.  F.  on  or  about 
the  day  of  at  in  said  county,  with  force  and  arms, 
feloniously  took,  stole,  and  carried  away,  from  one  R.  K. 
his  certain  goods  and  chattels,  in  said  complaint  described  :  all 
of  the  value  of  dollars.  And  whereas  on  enquiry  concernina 
the  facts  aliedged  in  said  complaint,  before  me,  the  said  justice 
B.  I  was  of  opinion  that  they  were  true,  and  thereupon  con- 
sidered, that  the  said  G.  F.  recognize,  with  one  surety 
to  the  State  of  Connecticut,  in  the  sum  of  dollars  ;  condi- 
tioned, that  he  the  said  G.  F.  shall  appear  before  the 
County  Court  to  be  holden  at  in  and  for  the  county  of  F. 

on  the  Tuesday   of         A.  D.         and   answer    said   com- 

plaint, and  abide  the  order  of  said  C'oimty  Court  touching  all 
the  matters  aliedged  in  said  complaint  ;  and  in  default  of  recog- 
nizing as  aforesaid,  that  the  said  G.  F.  be  committed  to 
the  common  gaol  in  in  said  county,  therein  to  be  held  until 
he  shall  be  delivered  by  order  of  law.  And  whereas  the  said 
G.  F.  hath  neglected  and  refused,  and  still  doth  neglecf 
and  refuse  to  recognize;  with  surety  in  manner  aforesaid,  though  a 
reasonable  time  hath  been  allowed  him  therefor. 

These  are  therefore,  by  authority  of  the  State  of  Connecticut. 
"D  command  you  to  convey  the  said  G.  F.  to  the  com- 
mon gaol  in  in  said  county  of  and  him  there,  togeth- 
er with  this  warrant,  to  deliver  to  the  keeper  thereof,  who  is 
hereby  commanded  to  receive  the  said  G.  F.  .  into  his 
Custody  within  said  gaol,  and  him  therein  safely  keep,  until  he 
jhall  be  delivered  by  mlei  of  l.\\\~. 
Dated  at,  &c.  J.  B.  justice  of  the  peace. 

PROCESS  ISSUE J.i  (XV  THE  AFFIDAVIT  OF  J  PRI- 
VATE PERSON. 

To  J.         B.         Esquire,  one  of  the  justices  of  the  peace  for 
the  county  of  F.  comes  J.          D.         of  S.  in   said 

county,  and  in  behalf  of  the  State  of  Connecticut,  complains, 
that  at  S.  aforesaid,  ou  the  day  of  A.  D.  some 

evil  minded  person,  with  force  and  arms,  feloniously  took,  stole, 
and  carried  away  from  the  possession  of  R.  R.  of  said 


JUSTICE  OF  THE  t>EACE. 


Theft. 


S.  the  following  articles,  viz.  (here  describe  the  articles]  oi 

the  value  of  being  the  proper   goods    and  chattels   of  the 

saidR.  R.  and  that  the  said  J.  D.  hath  just  cause 
to  suspect,  and  doth  suspect,  that  G.  F.  of  did 

feloniously  take,  steal,  and  carry  away  the  goods  and  chattels 
aforesaid,  against  the  peace,  and  contrary  to  the  form  of  tUe 
statute,  in  such  case  made  and  provided 

Dated  at  the         day  of        A.  D.  J.         D. 

F.  County,  ss.  S. 

On  this  day  of  A.  D.  personally  came  the  above 
uamed  J.  D.  and  made  oath,  that  the  above  complaint 
by  him  subscribed,  is  just  and  true,  before  me. 

J*         B.         justice  of  the  peace . 

WARRANT. 

To  this  sheriffoi  the  county  of  F.  his  deputy,  or  either 

constable   of  the  town  ofS.  within  said  county  Greeting  : 

By  authority  of  the  State  of  Connecticut,  you   are   hereby  com- 
manded, forthwith  to  arrtist  the  body  of  the  above  named  G. 
F.         if  he  may  be  found  within  your  precincts,  and  him  have 
before  me,  or  some  other  justice  of  the  peace  for  said  county, 
that  he  may  answer  the  foregoing  complaint,  and  be  dealt   with 
as  the  law  directs  :  you  are  also  required  to  notify  the  said  Jk 
D.         ofthe  time  and  place  of  enquiry,  and  summon  and 

for  witnesses  in  support  of  said  complaint. 
Hereof  fail  not,  and  due  return  make,  fordoing  of  which    thi' 
te  your  sufficient  warrant. 

Dated  at         this          day  of        A.  D. 

J.         B.         justice  of  the  Peace. 

NOTE — !T/tc  record  of  enquiry,  recognizance.,  and  mittimus t 
are  the  same  on  the  above  complaint,  as  •when  made  by  a  grand 
juror  or  constable,  except  that  instead  of  describing  the  complain" 
ant  by  his  office,  say,  upon  the  complaint  of  J.  D.  oh 
oath  made,  before  a  justice  of  the  peace  for  the  county  of 
(or  for  said  county)  (or  before  me)  as  the  case  may  require 


JUSTICE  OF  THE  PEACE 


Though  thfc  issuing  a  warrant  for  the  taking  of  a  theif,  or  other 
felon,  i«  rarely  done  on  the  complaint,  of  a  private  person  in  be- 
half of  the  state  only,  yet  it  is  unquestionably  legal,  and  in  some 
necessary.  Of  the  necessity,  the  justice  must  on  the  par- 
ticular occasions  determine.  If  as  the  case  may  many  times  be, 
he  should  refuse  or  neglect  to  issue  a  warrant,  on  such  complaint, 
flic  greatest  offenders  might  escape. 

PROCESS  qUI-TJM  FOR  THEFT. 

To  J.  B.  Esquire,  one  of  the  justices  of  the  peace  for 
'be  county  of  F.  comes  J.  D.  ofS.  in  said  coun- 
ty, and  as  well  for  the  State  of  Connecticut,  as  for  himself,  in 
this  behalf,  complains,  that  G.  V.  of  at  S.  afore- 
said, on  the  day  of  A.  D,  with  force  and  arms,  did 
feloniously  take,  steal,  and  carry  away,  from  the  possession  of 
the  said  J.  D.  the  articles  following,  vix.  (here  de- 
scribe the  goods  lost,)  of  the  value  ot  the  proper  goods  and 
chattel?  ef  the  said  J.,  D.  and  that  he.  hath  probable 
cause  to  suspect,  and  doth  suspect,  that  the  said  goods  and  chat- 

•  a"  part  of  them  are  concealed  in  the          of  G.          F. 
at  S.          aforesaid,  and  that  said  G.  F.          did  feloniously 

fake,  .steal,  and  carry  away  the  goods  and  chattels,  aforesaid  : 
)<;aints  the  peace,  and  contrary  to  the  form  of  the  statute,  in 
such  case  made  and  provided,  and  to  the  damage  of  the  said 
J.  D.  lifly  dollars  ;  waereupoa  the  said-  J.  D, 
prays  process  to  search,  for  said  goods  and  chattels,  and  if  found 
firjlh  the  said  G.  F.  as  aforesaid,  that  he  be  arrested, 

and  brought  before  proper  authority,  and  be  dealt  with  as  the 
law  directs.  J.  D. 

Dated  at  this          day  of         A.  D. 

F.  county,  ss.     S.         on  this         day  oi'         A.  I). 

personally  came  the  above  named  J.  D.  and  made  oatl- 
fliat  the  allegation  of  the  felony,  committed  as  set  forth  in  said 
complaint,  is  true,  and  that  he  hath  just  cause  to  suspect,  and  doth 
suspect,  that  said  goods  and  chattels,  or  a  part  of  them,  are  con- 
cealed, as  in  said  complaint  is  mentioned  ;  and  that  the  said  fel- 
ony was  -committed  by  the  said  G.  F.  before  me, 

J.          J*.          -Justice  of  the  Peace. 


JUSTICE  OF  THE  PEACK.  t- 

Theft. 

SEARCH  WARRANT. 

To  the  sheriff  of  the  county  of  F.  or  his  deputy,  or  either 

of  the  constables  of  the   town   of  S.  \\ithin   said   county, 

Greeting  :  whereas  oath  has  been  duly  made,  to  the  truth  of  the 
above  complaint  ;  these  are  therefore,  by  authority  of  the  Stain 
of  Connecticut,  to  authorize  and  require  you  with  necessary  and 
proper  assistants,  accompanied  by  the  said  J.  D.  to 

enter  in  the  day   time,  into   the         of  said    G.         F.         and 
there  make  diligent  search  for  the  goods  and    chattels   aforesaid. 
And  if  the  same,  or  any  part  thereof,  shall,    upon   such  search, 
be  found,  that  you  forthwith  bring  the  goods    so  found,   and   also 
the  body  of  the  said  G.          F.          jfhe  may    be  found   within 
your  precincts,  before  me,  the  said  justice  B.          or  some  other 
jiMice  of  the  peace,  for  said  coun-ty,  to  be  disposed  of,  and  dealt 
with  as  the  law  requires  :  you  are  also  to   notify  the  said  J. 
D.          of  the  time  and  place  of  enquiry,  and  summon          <ir;J 
for  witness  in  support  of  said  complaint. 

Hereof  fail  not,  and  due  return  make. 
Dated  at  this          day  of         A.  D. 

The  state  duty  of         cents  is  paid  hereon,  and  the  said  J. 
D.          rfcognixeit  in          dollars  for  prosecution,  &x.  before  me. 
J.         I!*.         Justice  oj  the  Peace. 

OFFICERS  RETURN. 

Y.  County,  ss.  S  day  of         A.  JX 

Pursuant  to  the  within  precept,  I  made  diligent  search  for  th<: 
within  mentioned  goods  and  chattels,  and  have  found  them,  >/j 
the  folio-wing  articles,  to  ^t'L)  (here  describe  the  articles  found,) 
ji>,r!  of  the  articles  mentioned  in  the  with  In  rnmplainl,  but  cuuld 
not  find  the  residue,]  and  have  also  arrested  the  body  of  the  said 
G  F.  and  now  have  them  before  J.  B.  Esquire. 

one  of  the  justices  of  the  peace  for  said  county,  to  be  disposed  of, 
and  dealt  with,  as  the  Jaw  directs.  N.  O.  Co//v 

PLEA. 

county,  ss.  S.  day  of         A.  D. 

Now  the  said  G.  F.  in  court  defends,  pleads,  and  says, 
.hat  he  i«  not  guilty,  in  manner  and' form,  as  is  insaul.couipl-Ti  ' 


<J8  JUSTICE  OF  THE  PEACE. 

Theft. 

alledged,  and  hereof  he  puts  himself  on  trial ;  G.         F. 
And  the  said  J,        D.         likewise.  J.         D, 

RECORD  OF  ENQUIRY  AND  JUDGMENT. 

F.  county,  ss.  S. 

Be   it   remembered,    that  on    the         day  of         A.  D. 
G.        F.         is  brought  before  me,  J,         B.         Esquire,  one  o^ 
the  justices  of  the  peace  for  said  county,  by  virtue  of  a  warrant, 
issued  from  me,  the  said  jusice  B.         (or  any  other  justice,  as 
the  case  may  be")  on  the   complaint  of  J.         D.         of  in 

behalf  of  the  State  of  Connecticut  as  well  as  for  himself,  for  that 
one  G.  F.  of(/«ere  recite  the  rest  of  the  complaint  verbatim.} 
And  the  said  G.  F.  being  required  to  make  answer  to 
said  complaint,  says,  he  is  not  guilty,  in  manner  and  form,  as  in 
said  complaint  is  alledged,  and  thereof  puts  himself  on  trial  ; — 
and  the  evidence  introduced  by  the  parties,  and  the  argument* 
urged  by  them,  respectively,  having  been  duly  heard,  I  the  said 
justice  B.  do  find,  that  the  said  G.  F.  is  guilty,  in 
manner  and  form,  as  is  in  said  complaint  alledged  5  and  do  also 
find,  that  the  value  of  the  goods  and  chattels  so  stoien,  is  twen- 
ty five  dollars,  and  no  more  ;  whereupon  it  is  considered,  by  me, 
the  said  justice  B.  that  the  said  G.  F.  be  punished, 
by  whipping  stripes,  on  his  naked  body  :  And  that  the  said 
J.  D.  recover  of  him  the  said  G.  F.  a  fine  of  five, 
dollars,  for  the  use  of  the  treasury  of  the  said  town  of  S, 
and  the  sunr<  f  $75,  as  the  treble  value  of  the  said  goods  and  chat- 
tels, together  with  the  cost  of  this  prosecution,  taxed  at  $7,  35,  to 
the  use  of  him,  the  said  J.  D.  And  the  said  J.  D. 
having  agreed  to  accept  the  restitution  of  said  goods  and  chat- 
tels, in  lieu  of  $25  part  of  said  treble  value  of  said  goods  and 
chattels  ;  it  is  further  considered,  that  execution  issue,  in  favor 
of  him,  the  said  J.  D.  against  him,  the  said  G.  F. 
for  the  sum  of  $50,  together  with  said  fine,  and  costs. 

J.         B.         Justice  of  the  peace. 

WARRANT  FOR  INFLICTING  THE  STRIPES. 
To  *.e  Sheriff,  &c.  Greeting  : 

Whe.easG.         F.         of  was  this         day  of        A.  D. 

convicted  upon    the  complaint  of  J.         D.        of  stealing 


JtTSTICE  OF  THE  PEACE. 


Theft. 


divers  goods  and  chattels,  from  the  said  J.  D.  before' 
me,  J.  B.  a  justice  of  the  peace  for  said  county,  and  by 
me,  the  said  justice  B.  sentenced  to  be  punished  by  whip- 
ping stripes,  on  his  naked  body.  This  is  therefore  to  re- 

quire you  forthwith  to  convey  the  said  G.  F.  to  some 
proper  public  place,  and  there  inflict  stripes  on  Ijis  naked 
body,  and  immediately  thereafter  return  this  precept,  together 
with  the  said  G.  F,  to  me. 

J.         B.         Justice  of  the  peace. 


EXECUTION. 

To  the  sheriff"  of  the  County  of  F.  his  deputy, 

er   constable    of  the  town  of  S.  within  said    County, 

Greeting  .     Whereas  G.         F.         of  S.  \r as  on  the 

day  of        A.  D.         before  me,  J.         B.         Esquire,  justice 
?f  the  peace  for  said  county,  upon  the  complaint  of  J.         D. 
of  said  S.  as  well  in  behalf  of  the  State  of  Connecticut,  as 

for  himself,  convicted  of  having  on  thp  day  of  at  sail 
S.  stolen  from  him  the  said  J.  D.  divers  of  his 

goods  and  chattels,  of  the  value  of  §25,  and  thereupon  recover- 
ed a  judgment  against  him,  the  said  G.  F.  for  the  sum 
of  $5,  as  a  fine  to  the  use  of  the  treasury  of  the  said  town  of 
S.  and  for  the  sum  of  $75,  more  as  the  treble  value  of 

said  goods  and  chattels,  so  stolen,  and  for  the  sum  of  $7,35  cost 
of  prosecution,  whereof  execulion  for  the  sum  of  $62,36  cent* 
remains  to  be  done. 

These  are  therefore,  (proceed  in  the  common  form  of  execu* 
•'lions  in  cases  purely  civil.) 

COMPLAINT  FOR  RECEIVING  STOLEN  GOODS. 

To  J.         B.         Esquire,  one  of  the  justices  of  the  peace  for 
the  county  of  F.  comes  J.          D.          a  grand  juror,  (or 

constable ,)  of  the  town  of  S,  in  said  county,  and  complains, 

that  on  the         day  of        A.  D.         at         in  said  county,  G. 
F.         of  in    the  county  aforesaid,   (or  some  person  un- 

known to  the  said  J.  D.  as  the  case  may  be)  with  force 
ind  arms,  feloniously  took,  stole,  and  carried  away  from  the 


.JUSTICE  OF  THE  PEACE. 


possession  of  R.  R.         of  said  S.  certain  articles  of 

goods  and  merchandize,  to  wit,  (/tere  describe  the  articles]  of  the 
value  of  dollars,  being  the  proper  goods  and  chattels 

of  said  R.  R.  and  that  afterwards  on  the  same  day 
J.  H.  of  said  S.  well  knowing  the  said  articles  of 
goods  and  merchandize  to  have  been  stolen,  as  aforesaid,  did 
receive  the  said  articles  of  goods  and  merchandize,  and  them 
conceal  from  the  said  R.  R.  and  all  other  honest  citizens, 
with  intent  to  aid  and  assist  the  said  G.  F.  in  his  felo- 
ny aforesaid,  against  the  peace,  and  contrary  to  the  form  of  the 
statute,  in  such  case  made  and  provided.  Dated  at  ihiz 

day  of        A.  D.  J.         D.        Grand  J  ?>?/". 


r 
JUSTICE  OF  THE  PEACE.  71 


CHAPTER  VII. 

BURGLARY. 

Burglary,  is  the  breaking  and  entering  a  dwelling  house,  ov 
shop,  whorein  goods,  wares,  and  merchandise,  are  deposited,  in 
the  night,  with  intent  to  commit  a  felony.  The  night  includes 
all  that  part  of  the  twenty  four  hours,  in  which  a  man's  face 
cannot  be  known  by  the  light  of  the  sun.  To  constitute  a  dwel- 
ling hou?c,  it  must  be-  a  building  in  which  some  one  usually  lodges, 
in  the  night.  There  must  be  both  a  breaking  and  entering,  to 
complete  the  burglary  ;  but  they  need  not  be  both  done  at  once, 
for  if  a  hole  be  broken  one  night,  and  the  same  breakers  enter 
the  next  night,  through  the  same,  they  are  burglars.  The  rais- 
ing a  latch,  or  loosing  any  other  faslning,  is  a  breaking  ;  but  en- 
tering at  a  door,  or  window,  left  open  by  any  other  person,  is 
not  ;  but  to  come  down  a  chimney  is.  If  any  person  lodging 
in  the  same  house,  />pen  and  enter  another  chamber,  with  such 
ink-lit,  it  is  a  burglary.  To  constitute  a  burglary,  th^re  must 
be  a  felonious  intent,  otherwise  it  is  only  a  trespass.  The  entry 
may  be  L>y  running  in  the  hand,  or  a  hook,  and  therewith  taking 
tint  the  good.-.  This  wilJ  bo  burglary.(a) 


The  crime  of   burglary,    is    punishable    by    imprisonment   i 
'w-git'i  ;  ;aii!  is  within  Ilia  jurisdiction  of  the  Superior    Cou 


COMPLJLVT. 

To  J.  B.  Esquire,  one  of  the  justices  of  the  peace 
for  F.  county  ;  conies  J.  D.  a  grand  juror  of  S. 
in  said  coimiy,  and  complains,  that  in  the  night  next  following 
UK:  day  of  A.  1).  .some  evil  minded  person,  or  per- 
b'uii-,  to  the  .'aid  J.  D.  unknown,  with  force  and  arms, 
and  with  felonious  intent,  did  wickedly,  and  feloniously,  and 
burglariously  break,  and  enter  the  dwelling  house,  (or  shop,  where- 
MI  ;,oi,d-j  and  merchandise  were  deposited)  of  J!.  ft.  of 

. 
(ff)'L  Cl.    O(;rj.  •?->»>.  •»>!.     (//)  1  S*.  207.  HOI,  «<r,_ 


72  JUSTICK  OF  THE  PEACE. 

Burglary. 

said  S.  at  S.  aforesaid,  and  then  and  there  feloniou^- 
]y  took,  Stole,  ond  carried  away  frdm  the  dwell  ing  house,  (or 
shop,)  aforesaid  (here  describe  the  articles  taken,}  of  the  value  of 
dollars  and  that  the  said  J.  D.  hath  good  cause  to  sus- 
pect and  doth  suspect  that  G.  F.  of  said  S.  did  felo- 
niously and  burglariously  break,  and  enter  the  dwelling  house 
aforesaid,  and  feloniously  took,  stole,  and  carried  away  the  ar- 
ticles aforesaid,  as  above  stated  against  the  peace,  and  contrary 
*o  the  statute,  in  such  case  made  and  provided. 
Dated  at  the  day  of  A.  D. 

J.         D.         Grand  Juror 

WARRANT. 

(Jls  in  other  complaints  by  Grand  Juror.) 

RECORD  OF  ENQUIRY. 

F.         County,  ss.  S. 

Be  it  remembered,  that  on  this  day  of          A.  D. 

G.         F.         of  S.         aforesaid,  is  brought  before  me,   J. 
B.         Esquire,  orte  of  the  justices  of  the    peace  for  said    county 
of  F.         at  S.         aforesaid,  by  virtue  of  a   warrant,  issued  on 
the  complaint  of  J.  D.         a  grand  juror  of  said  S.         fol1 

that,  in  the  night,  next  following  the  day  of        A.   D. 

Some  evil  minded  person  or  persons,  to  the  said  J.  D, 
unknown,  with  force  and  arms,  and  with  felonious  intent,  did 
wickedly  and  feloniously  break,  and  enter  the  dwelling  bouse 
ofR.  R*  of  said  S.  at  S.  aforesaid,  and  then  and 
there,  feloniously  took,  stole,  and  carried  away,  from  the  dwel- 
ling house  aforesaid,  (here  describe  the  articles  fa/ccn,)  of  the  val- 
6f  dollars,  and  that  the  said  J.  D.  hath  good  cause 
*o  suspect,  and  doth  suspect,  that  G.  F.  of  S.  afore- 
said, did  feloniously  break,  and  enter  the  dwelling  house  afore- 
said, and  feloniously  took,  stole,  and  carried  away  the  articles 
aforesaid,  as  above  stated,  against  the  peace,  and  contrary  to  the 
statute,  in  such  case  made  and  provided.  And  the  said 
G.  F.  being  required  to  make  answer  to  said  complaint, 
* -kvs  he  is  not  guilty,  in  manner  and  form,  as  is  in  said  complaint 


JUSTICE  OF  THE  PEACE. 


Burglary. 


alledged.  And  I,  the  said  justice  B.  having  duly  enquired 
into  the  facts  alledged  in  said  complaint,  am  of  opinion,  that 
they  are  true  ;  whereupon  it  is  considered  by  me,  the  said  justice 
B.  that  the  said  G.  F.  recognize*  with  two  sufficient 
sureties  to  the  State  of  Connecticut,  in  the  sum  of  dollars  -r 
conditioned;  that  the  said  G.  F.  shall  personally  appeal- 
before  the  Superior  Court,  to  be  held  at  in  and  for  the  coun- 
ty of  on  the  Tuesday  of  A.  D.  to  answer  what- 
soever shall  be  objected  against  him,  by  the  attorney  for  the  state, 
concerning  the  charges  set  forth  in  said  complaint,  and  abide 
the  order  of  said  Superior  Court  thereon.  And  in  default  of  re- 
cognizing with  sureties  as  aforesaid,  that  the  said  G.  F. 
be  committed  to  the  common  gaol  in  in  said  county,  therein 
to  be  held  until  he  shall  be  delivered  by  order  of  law. 

J.         B.         Justice  of  the  Peace. 

CONDITION  OF  THE  RECOGNIZANCE. 

The  condition  of  this  recognizance,  is  such,  that  if  the  paid 
G.  F.  do  personally  appear  before  the  Superiour  Cour*" 
to  be  held  at  in  and  for  the  county  of  on  the 

Tuesday  of  A.  D.  and  answer  whatsoever  shall  be  ob 
jested  against  him,  by  the  Attorney  for  the  State,  concerning  the 
charges  set  forth  in  the  complaint  of  J.  D.  a  grarfd  juror  of  said 
S.  before  J.  B.  Esquire,  a  justice  of  the  peace  for 
said  county,  charging  him  the  said  G.  F.  with  having, 
on  the  night  next  following  the  day  of  A.  D.  felo- 
niously broken  arid  entered  the  dwelling  house  of  R.  R; 
of  S.  aforesaid,  at  said  S.  and  therefrom  having  felo- 
niously taken,  stolen,  and  carried  away  certain  goods  and  chat- 
tels, in  said  complaint  described,  and  abide  the  order  of  said  Su- 
perior Court  thereon,  theu  this  recognizance  to  be  void,  other- 
Vise  to  remain  in  force  and  virtue. 

J.          B;          Justice  of  the  Peace'. 

MITTIMUS, 

To  the  Sheriff,  ficc.         or  either  Constable,  &c.     Greeting, 
Whereas  G.         F.         of  S.         was  on  the         day  of 
A-  D.         brought  before-  me,  J.         B.         Esquire,  one  r>f  th/ 
10 


74  JUSTICE  OF  THE  PEACE. 


Bur  iary. 


justices  of  the  peace  for  said  county  of  F.  aforesaid,  by  vir- 
tue of  a  warrant  issued  by  me  the  said  justice  B.  on  a  coftl- 
plaint  of  J.  D.  a  Grand  juror  of  said  S.  charging  the 
said  G.  F.  with  burglary,  in  having,  on  the  night  next  fol- 
lowing the  day  of  A.  I).  at  said  S.  feloniously 
broken,  and  entered  the  dwelling  house  of  R.  R.  -of 
said  S.  and  therefrom,  then  and  there,  feloniously  tdkr"n, 
stolen,  and  carried  a  way  certain  goods  and  chattels  of  the  so  id 
R.  R.  of  the  value  of  dollars,  in  said  camplainl  'de- 
scribed. And  whereas  on  enquiry  into  the  facts  set  forth  in  said 
complaint,  I  the  said  justice  B.  was  of  opinion  that  said  facts 
were  true  ;  and  thereupon  considered,  that  the  said  G.  F. 
recognize  with  two  sufficient  sureties  to  the  state,  in  the  sum  of 
dollars  ;  conditioned,  that  the  said  G.  F.  shall  per- 
sonally appear  before  the  Superior  Court  to  be  held  at  in 
and  for  the  county  of  on  the  Tuesday  of  A.  D.  and 
.nuswer  whatsoever  shall  by  the  states  attorney,  before  said  Su- 
perior Court,  be  objected  against  him,  the  said  G.  F. 
concerning  the  charges  set  forth  in  said  complaint,  and  in  defaul' 
of  recognizing  with  sureties  as  aforesaid,  that  the  said  G. 
F.  be  committed  to  the  common  gaol  in  in  said  County, 
therein  to  be  held  until  he  shall  be  delivered  by  order  of  law. 
And  whereas  the  said  G.  F.  did  refuse  and  neglect,  and 
otill  doth  refuse  and  neglect  to  recognize,  with  sureties,  as  afore- 
said, though  a  reasonable  time  hath  been  allowed  him  therefor  ; 
these  are,  by  authority  of  the  State  of  Connecticut,  to  require 
you  forthwith  to  convey  the  said  G.  F.  to  the  common 
gaol  in  in  the  county  of  aforesaid,  and  him  there,  to- 
gether with  this  warrant,  to  deliver  to  the  keeper  thereof,  who 
is  hereby  required  to  receive  the  said  G.  F.  into  his 
custody  within  said  gaol,  and  him  therein  safely  keep,  until  he 
shall  be  delivered  by  order  of  law. 

Dated  at         this          day  of         A.  D. 

J.         B.         Justice  of  the  Peace. 

COMPLAINT. 

For  stealing  from  the  person,  commonly  called  picking  pockets, 
at  an  assembly  collected  to  extinguish  jftre,  complains,  that  on  the 


JUSTICE  OF  THE  PEACE. 


Burglary. 


day  of         A.   D.         oneG.         F.         of         with   force 
and  arms,  at  aforesaid,    feloniously,     subtily,  privily,  and 

craftily,  took,  stole,  and  carried  away  from  the  person  of  J. 
D.          of  at  an  assembly  of  people,  collected  for  the  purpose 

of  extinguishing  afire,  at  aforesaid,  one  gold  watch,  of  the 
value  of  two  hundred  dollars,  the  proper  goods  and  chattels  of  the 
said  J.  D.  against  the  peace,  and  contrary  to  the  fonn 
of  the  statute,  in  such  case  made  and  provided. 

Dated.  &c.  R.         R.         Grand  juror. 

NOTE — The  County  and  Superior  Court  have  concurrent  juris- 
diction of  theft,  from  the-person.  If  the  person  from  whom  the 
theft  is  committed,  be  not  at  an  assembly  of  people  collected  for 
the  purpose  of  extinguishing  afire  when  it  was  done,  omit  those 
words  in  the  complaint. 


JUSTICE  OF  THE  PEACE. 


Kobbery. 


CHAPTER  VIII. 

ROBBERY. 

BOBBERY,  is  the  felonious  and  forcible  taking  from  the  per- 
son of  another,  in  the  field,  or  highway,  of  goods  or  money,  to  any 
value,  by  violence,  pr  putting  him  in  fear.  There  must  be  a 
faking,  otherwise  it  is  no  robbery.  Ifthe  thief  having  once  tak- 
en a  purse,  returns  it,  still  it  is  a  robbery  ;  and  so  it  is,  wheth- 
er the  taking,  be  strictly  from  the  person  of  another,  or  in  his 
presence  only  ;  or  where  a  robber  by  menaces  or  violence, 
puts  a  man  in  fear,  and  drives  away  his  sheep,  or  hi$  cattle,  be- 
fore his  face.  But  if  the  taking  be  not  directly  fro.m  his  person., 
or  in  his  presence,  it  is  no  robbery.  It  must  be  done  by  force, 
or  previous  putting  in  fear.  It  is  immaterial  of  what  value  the 
thing  taken  is,  whether  a  cent  or  a  thousand  dollars. (a)  The  pun- 
ishment for  it,  is  imprisonment  in  Newgate,  and  the  jurisdiction 
pf  the  crime  belongs  to  the  Superior  Court. 

COMPLAINT- 

To  J.         B.         Esquire,  one  of  the  justices  of  the  peace,  for 
the  County  of  F.         comes  J.         D.         a  grand  juror  of  S. 
in  said  county,  and  complains,  that  on  the         day  of        A.  D. 
G.         F.          with  felonious  intent,  and  with    force  and   arms, 
made  a  violent  assault  on  the  body  of  R.        R.       of  said  S. 
and  then,  and  there,  did  feloniously  rob,  and  take  from  him,  the 
said  R.         R.         certain  articles,  to  wit.  (here  describe  the  ar- 
ticles,) and  other  injuries  and  enormities  to  the  said  R.         R. 
the  saidG.         F.         then  and  there  did, against  the  peace,  and 
contrary  to  the  statute,  in  such  case  made  and  provided. 
Dated  at         this         day  of        A.  D. 

J.         D,         Grand  juror. 

The  form  of  the  record  of  enquiry,  recognizance,  and  mittimus, 
is  the  same  with  the  preceding,  on  complaint  for  burglary,  mu- 
tatis mutandis. 

(«)  4B1.  Com.  241,  242.  1  Hal.  P.  C.533.  1  St.  297. 


;  JUSTICE  0F  THE  PEACE.  77 

Forgery. 

CHAPTER  IX. 

FORGERY. 

i? 

JL  ORGERY  is  the  fraudulent  making  or  altering  of  a 

writing  to  the  prejudice  of  another's  right,  for  which  the  of- 
fender is  to  be  tried  before  the  Superior  Court,  and,  if  convicted, 
punished  by  imprisonment  in  Newgate. (a) 

COMPLAINT. 

To  J.  B.  Esquire,  one  of  the  justices  of  the  peace  for 
the  county  of  F.  comes  J.  D.  a  grand  juror  of 
S.  in  said  county,  and  complains,  that  on  the  day  of 

A.  D,.  at  said  S.  G.  F.  of  with  force  and  arms, 
and  with  intention  to  deceive  and  defraud  the  good  citizens  of 
ihis  state,  and  in  particular  to  deceive,  defraud,  and  injure  the 
President,  Directors  and  Company  of  the  B.  Bank,  estab- 
lished at  B.  in  said  state,  did  willingly  and  deceitfully 
forge,  and  falsely  make,  and  willingly  and  deceitfully  caused  t» 
be  forged  and  falsely  made,  a  certain  note  promissory,  common- 
ly called  a  bank  note,  purporting  to  be  a  note,  in  and  by  which 
jhe  said  President,  Directors,  and  Company  of  the  said  B. 
Bank  promised  to  pay  to  S.  tL  or  bearer,  the  sum  of 
five  dollars,  bearing  date  the  day  of  A.  D.  and 
signed  with  the  name  of  J.  B,  President,  and  counter- 
signed G.  H.  Cashier,  in  the  likopcss  and  similitude  of 
a  genuine  note  of  said  B.  Bank.  And  there  afterwards^ 
to  wit,  on  the  day  of  A.  D.  the  said  G.  F. 
with  an  intention  as  aforesaid,  at  S.  uttered  and  published 

as  true,  the  said  forged  and  falsely  made  note,  against  the  peace, 
and  contrary  to  the  form  of  the  Statute,  in  such  case  made  and, 
provided. 

Dated  at  this         day  of     ,,      A.  D. 

•'.',  i ,  :,td  Juror. 

Form  ofn-arrwit,  record  of  enquiry,    recognizance,  and  mitii 
mus,  the  same  as  in  case  of  Burglary,  m\*lni'i>  mutandis, 

(a)  I  St,  298.  4  Bl.  Com.' 24,7, 


JUSTICE  OF  THE  PEACE. 


Forgery. 


COUNTERFEITING  MONEY. 

Counterfeiting  is  the  making  of  base  medals,  such  as  copper, 
tin,  &c.  representations  of  co.a  of  gold  or  silver,  by  law  current, 
as  money  in  the  state  ;  or  the  washing  or  plating  with  gold  or 
silver,  such  base  metals,  so  as  to  make  such  representations  ;  or 
by  mixing  such  base  metals  with  cither  gold  or  silver,  and  of 
fcuch  mixture  making  pieces  representfhg  such  current  coin. 
Such  counterfeiting  is  a  crime  punishable  by  imprisonment  in 
Newgate,  on  conviction  before  the  Superior  Court,  which  holds 
exclusive  jurisdiction  of  it.  It  is  also  a  crime  of  the  same  na- 
ture, to  utter,  or  put  off  any  such  counterfeit  coin,  knowing  it  to 
be  such,  and  punishable  in  the  same  manner,  on  conviction  be- 
fore the  same  Court. 

COMPLAINT  FOR  COUNTERFEITING  MONEY. 
To  J.         B.         Esquire,  one  of  the  justices,  fyc.  comes  J. 
0.         a  grand  juror,  &c.  and  complains  that  on  the  day  of 

A.  I).          G.         F.         of  S.  in  said  county,  with 

force  and  arms,  and  with  intention  to  defraud  and  deceive  the 
good  citizens  of  this  state,  did  forge,  and  falsely  make,  and  coun- 
terfeit, and  caused  to  be  forged,  faisely  made,  and  counterfeit- 
ed, pieces  of  silver  (or  gold]  coin,  bearing  the  likeness  and  si- 
militude of  which  is  a  coin  currently  passing  in  this  state, 
against  the  peace,  arid  contrary  to  the  Statute,  in  such  case  made 
and  provided. 

Dated  at  this         day  of  A.  D. 

J.          D.  Grand  Juror. 

COMPLAINT    FOR     PASSSING     COUNTERFEIT 
MONEY. 

To  ,*.  B.  Esquire,  one  of  the  justices  of  the  peace,  foi 
V.  county,  comes  J.  I).  a  grand  juror  of  S. 

in  said  county,  and  complains,  that  on  the       day  of         A.  D. 
at  in  said  county,  G.          F.          with  force  and  arms,  did 

utter  and  put  off  as  good  and  lawful  money,  to  R.         R.         of 
one  piece    of  false,  forged,   and  counterfeit  coin,  bearing 
Ihe  likeness  and  similitude  of  a  Spanish   milled  dollar,  (or  other 
roi-ii  as  Ihc  cane  may  be)  which  is  a  coin  by  law  currently  passing 


JUSTICE  OF  THE  PEACE  79 


Fonrerv. 


in  this  state,  then  and  there  well  knowing  the  same  to  be  false, 
forged,  and  counterfeited,  as  aforesaid^  against  the  peace,  and 
contrary  to  the  form  of  thu  Statute,  in  such  case  made  and  pro- 
vided. Dated  at  this  day  of  A.  D. 

,T.         D.         Grand  Juror. 

A'.  LI.     The  above,  mutatis  mutandis,  may  U  used  for 

i 


SO  JUSTICE  OF  THE  PEACE. 


CHAPTER  X. 

ARSON. 


,/JLRSON,  is  the  wilful,  malicious;  and  felonious  burning,  o/ 
attempt  to  burn,  by  setting  on  fire,  any  state  h6use,  county  house, 
IBwn  house,  church,  or  meeting  house,  school  house,  dwelling 
house,  barn,  out-house,  shop,  store,  ship,  or  other  vessel. ^a)  To 
constitute  the  crime,  the  building  or  vessel  must  belong  to  anoth- 
er, and  not  the  property  of  him  who  burns,  or  sets  it  on  fire/6) 
If  he  who  burns,  or  sets  on  fire,  any  building  above  described, 
be  seized  of  such  buildings  in  fee,  or  but  possessed  of  it  foi 
years,  and  it  stanch  at  a  distance  from  all  others,  he  is  not  guilty 
of  a  felony  by  such  burning,  or  setting  on  fire.  And  even  if  the 
building  be  in  a  town,  and  the  man  so  seized,  or  possessed,  burns 
it  with  intent  tbereriy  to  burn  anothers'  house,  but  fails  in  such 
attempt,  it  is  not  arson.  It  is  however,  an  offence  highly  punish- 
able Jn  regard  of  his  malice,  and  the  public  danger  which  at- 
tends it ;  and  is  punishable  with  the  pillory,  fine,  and  imprison^ 
ment.  But  in  either  case,  the  burning  must  be  malicious,  other 
wise  it  is  only  a  trespasser ) 

Arson  is  cognizable  by  the  Superior  Court  only,  and  if  no 
persons  life  be  lost,  or  endangered,  the  punishment,  on  convic- 
tion, is  imprisonment  in  New  Gate,  at  the  discretion  of  the  Supe- 
rior Court  not  exceeding  seven  years  ;  and  fora  second  offence, 
for  life.  But  if  the  delinquent  be  a  female,  the  imprisonment  r 
to  be  in  the  common  gaol  of  the  county. (c/) 

COMPLAINT, 

ToJ.  fi.  Esquire,  one  of  the  justices  of  the  peace  foi 
f\  county,  comes  J.  D.  a  grand  juror  of  S.  in  said 
county,  and  complains,  that  on  the  day  of  A.  D.  at 

(a)  1  St.  297,  301.     (b)  1  Hal.  P.  C.  556,  568,  569.  1    Hawk.  165,   ICC. 
(c)  1  Hawk.  166, 1C7.  4  131.  £oin,  222.     (</)  St.  300.301. 


JUSTICE  OF  THE  PEACE.  81 

Arson. 

S.  aforesaid,  some  evil  minded  person,  or  persons,  to  the 
said  J.  D.  unknown,  with  force  and  arms,  did  wilfully, 
maliciously,  and  feloniously  burn,  (or  set  onjlrc,  as  the  case  may 
bc~)  the  (here  describe  the  building,  or  vessel  burnt,  or  set  onfire) 
ofR.  K.  of  said  S.  at  S.  aforesaid,  and  the  said 
J.  D.  hath  cause  to  suspect  and  doth  suspect  that  G. 
F.  of  did  wilfully,  maliciously,  and  feloniously  burn, 
(or  set  on  fire)  the  said  so  as  aforesaid  burnt  (or  set  onfirej 

against  the  peace,  and  contrary  to    the   form   of  the  statute,    in 
iuch  case  made  and  provided. 

Dated  at         this          day  of         A.   D. 

J.         D.         Grand  Juror. 

In  all  the  cases  foregoing,  cognizable  by  the  Superior  Court 
only,  the  form  of  judgment,  condition  of  recognizance,  and  mit- 
timus, is  the  same,  mutatis  mutandis,  being  careful  to  recite  in 
the  judgment  that  part  of  the  complaint  which  follows  the  word, 
complains.,  and  in  the  conditions  of  the  recognizance,  using  words 
descriptive  of  the  complaint  for  which  the  delinquent  is  bound  to 
answer,  and  in  the  mittimus,  varying  it,  according  to  the  judg- 
ment in  the  description  of  the  crime  for  which  he  is  committed. 

COMPLAINT  BY  Jl  PRIVATE  PERSON  FOR  ARSON.. 

WITH  THE  LOSS  OF  LIFE.  ' 

To  J.  E.  Esquire,  one  of  the  justices  of  the  peace,  for 
the  county  of  F.  cornes  J.  D.  oi'S.  in  said  coun- 
ty,  and  in  behalf  of  the  State  of  Connecticut,  complains,  that  on 
the  night  next  following  the  clay  of  A.  D.  between 
the  hours  of  eleven  and  three.,  on  said  night,  at  said  S.  some 
evil  minded  person,  or  persons,  to  the  said  J.  <D.  un 
known,  with  force  and  arms,  did  wilfully,  maliciously,  and  felo- 
niously burn  the  dwelling  house  of  R.  R.  of  said  S. 
and  the  said  J.  D.  hath  cause  to  suspect,  and  doth  sus- 
pect, that  G.  F.  of  did  wilfully,  maliciously,  and 
feloniously,  burn  the  dwelling  house  aforesaid,  and  that  the  life 
oftheaaidR.  II.  then  in  said  dwelling  house,  asleep, 
was  thereby  lost  ;  he  being  burnt  to  death  in  the  same,  against 
the  peace,  and  contrary  to  the  form  of  the  statute,  in  such  r^r 
made  and  provided.  Dated  this  d:s»-  of  A.  D. 

J.         D. 

n 


62  JUSTICE  OF  THE  PEACE. 


Arson. 


F.         county,  ss.  S.         On  this         day  of          A.  D. 
personally  came  J.         D.         above    named,   and   made   oath, 
that  the  above  complaint,  by  him  subscribed,  is  true,  before   me, 
J.         B.         Justice  of  the  Peace. 

WARRANT,  WITH  HUE  AND  CRY, 

To  E.          E).         sheriff  of  the  county  of  F.         his  deputies, 
and  all  constables  in  said  county  of  F.  and  all  other  peace 

officers  in  said  county,  and  elsewhere,  in  the  State  of  Connecticut, 
Greeting  :  nhereas  the  foregoing  complaint  has  this  day  been 
made  on  oath  to  me,  J.  B.  Esquire,  one  of  the  justices 
of  the  peace  for  said  county  of  F. 

These  are.,  by  authority  of  the  State  of  Connecticut,  to  com- 
Aland  you,  ami  every  of  you^  to  make  diligent  search  in 
your  respective  precinct0,  for  the  said  G.  F.  and  like- 
wise to  make  hue  and  cry  after  him,  from  town  to  town,  and  from 
county  to  county,  as  well  by  horsemen  as  footmen,  and  him  the 
-aid  G,  F.  having  found,  to  arrest,  and  bring  before  'me,  or 
>ome  other  justice  of  the  peace,  in  said  county  of  F.  that  he 
fnay  answer  the  foregoing  complaint  and  be  dealt  with  as  the 
law  directs.  (The  said  G.  F.  is,  as  I  am  informed,  a  tall 
pare  man,  of  a  dark  complexion,  black  hair,  greenish  eyes, 
walks  with  his  bead  inclining  forward  ;  wears  a  broad  brimmeu 
brown  hat,  drab  coloured  coat,  without  cape,  or  pocket-flap?, 
or  buttons,  fastened  with  hooks  and  eyes  ;  sometimes  attempts  tc 
art  as  a  preacher,)  and  is  supposed  to  have  fled  towards 
Hereof  fail  not  and  return  make. 

Dated  a*          this          day  of         A,   D. 

J.         B.         Jvstiee  of  the  Pe ac* . 

RETURN  L'i'  THE  SHERIFF  OF  ANOTHER  COUNTY. 

F.  County,  ss.  S. 

On  the          day  of  A.  D.         at  W.  in  the 

county  of  N.  H.  I  arrested  the  said  G.  F.  and  now 
on  this  day  of  A.  D.  have  him  before  L.  L. 

Esquire,  justice  of  the  peace,  for  the  county  oFF.  at  S. 

in  the  county  aforesaid. 

N.         R,         ShenfofN.  IL         Covni^ 


JUSTICE  OF  THE  PEACE. 


Ar?on. 


JIEOORD. 

F.  County,  ss.  S. 

Be  it  remembered,  that  on  the         day  of  A.  D. 

G.         F.         of  is  brought  before  me,  L.          L.          En- 

quire, one  of  the  justices  of  the  peace  for  F.  county,   at 

S.  in  said  county,  by  N.         R.         sheriff  of  the   county 

ol'N.  H.  by    virtue  of  a  warrant  of  hue  ami  cry,   issued  by 

J.          B.          Esquire,    one  of  the  jiretices  of  Uie  peace  for  said 

F.  county,  on  the  complaint  of  J.         J).         oi'er.id  !>. 

on  oatb  made,  for  that  on  the  night  next  following  the          day  of 
A.  P.          at  said  S.  l.cMvi.eh    the   hours  of  eleven 

and  three,  of  the  s.une  night,  some  pen-on  or  person4,  to  the  said 
J.          D.         unknown,  with  force  and  arms,  did  •wilfully,  mali- 
ciously, and  feloniously,  bum  (he  c!  '.veiling  house  of  R.          Ii. 
of  said  S.  and  the  said  J,          D.        bathes  use  to  suspect 

and  uoth  suspect,    that  G.          F.          of  did  wilfully,  ma- 

liciously, and  feloniously,  burn  the  dwelling  house  aforesaid,  and 
that  the  life  of  the  said  K.  K.  then  in  said  dwelling  house 
asleep,  was  thereby  lost,  he  being  burnt  to  death  in  the  same, 
against  the  peace,  and  contrary  to  the  form  of  the 
otatute,  in  such  case  made  and  provided.  And  the  said 

G.  F.          being  required  to  make  answer    to  said   com- 
plaint, says,  he  is  not  guilty,  in  manner  and  form,  as  is  in  said 
complaint  alledged  :  and  I,  the  said  Justice  L.         L.         hav-. 
ing  enquired  into'  the  facts  set   forth  in  said   complaint,  am    of 
opinion,  that  the  said  G.         F.         is   guilty,    in  manner   aiut 
form,  as  is  in  said  complaint  alledged,  and  that  the  said  R. 

R.  lost  his  life,  and  was  burnt  to  death,  by  the  burniiy  of 
his  dwelling  house,  in  manner  aforesaid.  Whereupon  it  M  con- 
sidered by  me,  the  said  justice  L.  L.  that  th-j  said  G. 
F.  be  committed  to  the  common  gaol  in  i'.  in  said  coun- 
ty of  F.  therein  to  be  held  until  he  shall  be  delivered  by 
order  of  law,  Pated  at  this  day  of  A.  D. 

L,         L.         Jitkiice  of  tlie  Peace, 

MITTIMUS. 

To  the  Sheriff  of  the  county  of  F.  his  Deputy,  or  cit'iei 

>ii   the  Constables   of  the  town  of  S.  within  said  county, 

Greeting  :      Whereas  G.         F.         of  S  was  this  day 


34  JUSTICE  OF  THE  PEACE. 


brought  before  me,  L.  L.  Esquire,  one  of  the  justices  of 
"'he  peace  for  F.  county,  by  N.  R.  sheriff  of  the 
county  of  N.  JI.  by  virtue  of  a  warrant  ofhue  and  cry  issued 
by  J.  B.  Esquire,  a  justice  of  the  peace  for  said  county 
ofF.  r<n  the  complaint  of  J.  D.  of  said  S.  on  oath, 
•nade  to  him,  the  said  justice  B.  for  that,  on  the  night  next 
following  the  day  of  A.  D.  between  the  hours  of 

eleven  and  three,  of  the  same  night,  some  person  or  persons 
fo  the  said  J.  D.  unknown,  with  force  and  arms,  did  wil- 
z\jlly,  maliciously,  and  felpniously.  burn  the  dwelling  house  of 
It.  It.  of  said  S.  atS.  aforesaid.  And  that 

'he  said  J.         D.  had  cause    to  suspect,  and   did  suspect, 

that  G.         F.         of  S.  did  wilfuby,  maliciously,  and  fe- 

loniously burn  said  dwelling  house,  as  aforesaid,  and  that  the 
life  of  the  fcaid  H.  R.  then  in  said  dwelling  house,  was 
thereby  lost,  he  being  burnt  to  death  in  the  same,  against  the 
peace,  and  contrary  to  the  form  of  the  statute,  in  such  case 
made  and  provided.  And  the  said  G.  F.  being  required 
to  make  answer  to  said  complaint,  said,  he  was  not  guilty,  in 
manner  and  form,  as  in  said  complaint  was  alledged.  Upon  en- 
quiry into  the  Iruth  of  the  matters  alledged,  in  said  complaint, 
"by  me,  the  said  justice  L.  L.  I  was  of  opinion  that  the 
said  G.  F.  was  guilty,  in  manner  and  form,  as  in  said 
complaint  was  alledged  ;  and  that  the  said  R.  It.  lost 

his  life,  and  was  burnt  to  death,  by  the  burning  of  his  said  dwel- 
ling house,  in  manner  aforesaid.     And  it  was  thereupon,  by  me, 
?hc  said  justice  L.         L.         considered,  that  the  said  G.     F. 
!  be  committed  to  the  common  gaol  in  F.  in  said  county  of 

therein  to  be  held,  until  he  sfell  be  delivered  by  order 
Siflaw. 

These  are,  by  authority  of  the  State  of  Connecticut,  to  com- 
mand you  forthwith  to  convey  the  said  G.  F.  to  the  com- 
Tnon  gaol  in  F.  in  said  county  of  F.  and  there  deliv- 

er  him,  together  with  this  warrant,  to  the  keeper  thereof,  who  is 
hereby  required  to  receive  the  said  G.  F.  into  his  custo- 
dy, in  said  gaol,  and  him  therein  to  hold  until  he  shall  be  deliv- 
ered by  order  of  law. 

Dated  at  this         day  of        A.  D 

Tf.         L.         Justice  of  tJte  Pcacf, 


JUSTICE  OF  THE  PEACE.  85 

Lascivious  Carriage. 

CHAPTER  XI 

LASCIVIOUS  CARRIAGE: 
COMPLAINT. 

T. 
O  J.     B.     Esquire,  justice  of  the  peace  for  P.         coua- 

ty.  comes  J.          D.         a  grand  juror  of  S.  in  eaid  county, 

and  complains,  that,  on  the         day  of          A.  D.         otic  G. 
F.  of  said  S.  did,    with  force  and  arms,  lasciviously, 

and  wilfully,  at  said  S.  (here  describe  the  pkt.cs  Wicre,  and 

the  acts  nf  which  the  accused  a-as  guilty}  against  the  peace,  and 
contrary  to  the  form  of  the  Statute,  in  such  case  made  and  pro-' 
vided.  Dated  at  this  day  of  A.  D. 

J.         D.         Grand  Juror. 

FORNICATION. 

COMPLAINT. 

To  J.         B.  Esquire,   one  of  the  justices  of  the  poace  for 

F,  county,  comes  J.         D.          a  grand  juror,   mid  com- 

plains, that,  on  the  day  of  A.  D.  G.  1'.  '  CM 
S.  •  in  said  county,  a  single  man,  (or  married  as  the  case 

may  be)  and  J.          N.  ofS.  aforesaid,    a  single  wo- 

man, at  said  S.  did  unlawfully  commit  fornication  togetb- 

er,  against  the  peace,  and  contrary  to  the  Statute,    in  sqch  cast* 
made  and  provided.         Dated  at         this         day  of        A.  D. 
J.          D.         Grand  Jv.ror. 

ADULTERY. 

COMPLAINT. 

To  J.         B.         Esquire,  one  of  the  justices  of  the  peace  foe 
F.  county,  comes  J.         D.         a  grand  juror  of  S. 

in  «aid- county,  and  complains,  that,  on  the         day  of 
A.  D.         G.         F.         of  said  S.  a  single  man,  and  J. 

^-         of  S.  aforesaid,  a  married  woman,  thcu  the  lawful 

wife  of  Q.          N.         of  did  together  unlawfully  con;:'- i> 


JUSTICE  OF  THE  PEACK. 


Lascivious  Carriage. 


adultery,  against  the  peace,  and  contrary  to  the  form  of  the  stat- 
ute, in  such  case  made  and  provided. 
Dated  the  day  of        A.  D. 

J.       D.         Grand  Juror. 

BIGAMY. 
COMPLAINT. 

To  J.         f>.         Esquire,  one  of  the  justices  ot  the  peace  fcv 

county,  comes  J.  D.         a  grand  juror  of  S. 

in  saiu  county,  and  complains,  that,  on  the         day  of         A.  I), 
O.         F.         ofS.  in  said  county  3   being  a  married  man, 

rind  having  a  latvful  wife,    then  alive,    at  in  said  count;  , 

did  unlawfully,  marry  one  J.          N.         of  said  S.  a  sin- 

gle woman,  and  hath  ever  since  hitherto   continued  to  live  with 
the  said  J.         N.          as  his  wife,  .  Vis  said    former  wife  being 
^:till  alive,  against  the  peace,  and  contrary  to  the  form  cf  the  Stal 
tile,  in  such  case  made  and  provided. 
Dated  at       this         day  of         AD. 

J.          D.          Grand  Jur-'ir. 

COMPLAINT    FOR  BEING  FOUND    IN  BED  WITH 

MOTHER  MAN'S  WIFE. 
To  J.         B.         Esquire,  one  of  the  justices  of  the  peace  for 

F.  county,    comes    J.         D.         a    grand  juror  of  S. 

Jn  said  county,  and  complains,  that  on  the         day  of        A.  D. 

G.  F.         of  said  S.  was  at  S.  aforesaid,  found 
unlawfully  and  wilfully  in  bed  with  J.         N.         of  said  S. 

a  married  woman,  and  then  the   lawful  wife  of  R.         N.         of 
said  S.  against  the  peace,   and  contrary  to  the  form  of  the 

Statute,  in  such  case  made  and  provided. 
Dated  at         this       day  of         A.  D. 

J.  D.          Grand  Juror. 

COMPLAINT  FOR  WEARING  WOMEN'S   APPAREL, 
To  J.         B.          Esquire,  one  of  the  justices  of  the  peace  for 

F.  county,  comes  J.         D.         a  grand  juror  of  S,         in 
said  county,  and  complains,  that,  on  the         day  of        A.  D. 

G.  F.         of  said  S.         unlawfully  in  a  public  street  in  said 
S.  for  the  space  of          hours,  did   wilfully  wear,  and  ap- 
pear in  apparel  appropriate  to  women  only,  to  wit.  in  a  petticoat, 


JUSTICE  OF  THE  PEACE.  87 

Lascivious  C  aa 

&c.  so  that  by  his  apparel  then  worn,  he  was  taken,  and  believed  to 
be  a  woman,  against  the  peace,  and  contrary  to  the  form  of  the 
statute,  in  such  case  made  and  provided. 
Dated  at  this         day  of         A.  D. 

J.  D.          Grand  Juror. 

RAPI:. 

Rape,  is  the  crime  of  having  carnal  knowledge  of  a  woman, 
by  committing  carnal  copulation  with  her,  forcibly,  and  against 
her  will,  or  consent  ;  and  is  punishable  with  death,  (a)  An  at- 
tempt to  commit  the  crime,  by  an  assault  upon  the  body  of  a 
woman,  with  force  and  arms,  and  actual  violence,  with  intention 
to  commit  a  rape  upon  her,  is  an  offence  punishable  with  im- 
prisonment in  New  Gate  at  hard  labor,  during  the  natural  life  o. 
the  offender  ;  or  for  such  other  period,  as  the  Superior  Cour4 
shall  determine(6) 

An  infant  under  the  age  of  fourteen,  is  presumed  by  ln;v,  in- 
oapable  to  commit  a  rape  ;  but  it  maybe  committed  on  the  bo- 
dy  of  rf  fcrnale,  under  that  age  ;  and  if  under  the  age  of  ten 
years,  no  proof  of  consent,  on  her  part,  is  admissable.  (c) 


COMPLAINT  FOR  ATTEMPTING  ,:> 
ToJ.         1>.         Esquire,  or,e  of  the  justices  of  the  peace   ii-/ 
F.  County,  cemesJ.        1),     a  grand  juror  of  S.  insair 

County,  and  complains,  that,  on  the         day  of         A.  D. 
at  S.  aforesaid,  G.         F.         of  said  S.  with  fora 

and  nrrns,  and  actual  violence,  an  assault  made,  upon  the   bod\ 
ofG.         N.         of  said  S.  ajemale,  and  infant  of  the  ag< 

of  nine  years,  with    an  intention  to  commit  a  rape  on   the   bod\ 
of  her,  klie  said  G.     N.       against  the  peace,  and  contrary  lo  the 
statute,  in  such  case  made  and  provided. 
Dated  the  day  of          A.   D. 

J  .         D  .         Grand'  yuro  r. 

N.  B.  If  in  the  opinion,  of  the  justice,  before  whom  the  enquiri, 
M  made,  the  c.ccused  be  guilty,  he  may  recognise  him  to  appea/ 
"sin  other  bailabls  offences,  or  commit  him,  on  default  ofprovid- 

"•1.  Com.  200.  I  St.  301,       (b)  IMil.  300.        .'0  1  irawk.  170, 


38  JUSTICE  OF  THE  PEACE. 


Lascivibus  Carriage. 


ing  sureties  for  suck  appearance.  The  forms  of  Record  of  en- 
quiry, recognizance,  and  mittimus,  the  same,  mutatis  mutandis , 
as  in  burglary. 

COMPLAINT  FOR  A  RAPE. 

To  J.         B.         Esquire  one   of  the   justices  of  the  peace, 
for  the  county  of  F.  comes  J.         N.         of  S.         a  sin- 

gle women,  of  the  age  of  twenty  five  years,  and  complain?,  thai, 
on  the  day  of  A.  D.  G.  F.  of  said  S. 
at  S.  aforesaid,  at  a  place  called  B.  with  force  and  arms, 
and  actual  violence,  an  assault  made  upon  the  body  of  her  the 
said  J.  N.  and  that  the  said  G.  F.  did  then,  and 
there,  with  like  force  and  arms,  and  actual  violence  forcibly  and 
feloniously  commit  carnal  copulation  with  her  tbe  said  J. 
N.  and  did  then,  and  there,  her  ravish  and  carnally  know, 
against  her  will,  and  without  her  consent  ;  against  the  peace, 
and  contrary  to  the  form  and  effect  of  the  statute,  in  such  case 
made  and  provided . 

Dated  at         this         day  of      A.  D. 

J.          N. 

F.         county,   ss.  S.         on   this         day  of          A.  D. 
came  personally  before  me,  the  above  named  J.  N. 

and  made  oath,  that  the  above  complaint  by  her  subscribed,  i.? 
'rue,  before  me.  J.  B.  Justice  fjf the  Peace. 

WARRANT. 

To  the  Sheriff  of  ihejCounty  of  F.  his  Deputy  i  or  either 

of  the  Constables  of  S.  within  said  County,  Greeting: 

"Whereas  the  foregoing  complaint  has-been,  on  oath,  made  to 
me,  J.  B.  cue  of  the  justices  of  the  peace  for  F. 
County  ;  these  arc  therefore,  by  authority  of  the  State  of  Con- 
necticut, tikcommand  you  to  arrest  the  body  of  the  above  named 
G.  -  F.  ami  him  forthwith  have,  before  me,  the  said  jus- 
lice  B.  or  some  other  justice  of  the  peace,  in  said  County  of 
F.  that  he  may  answer  the  foregoing  complaint,  and  be 

•  leak  with  as  the  law  directs.  Hereof  fail  not,  and  make  due 
return.  T)M»<-]  M  this  day  of  A.  D. 

J.          I'.          Justice  f)f  the  Pcacf. 


JUSTICE  OF  THE  PEACE. 


Lascivious  Carriage. 


If  the  accused  has  absconded  it  will  be  proper  to  issue  a  warrant, 
with  hue  and  cry,  as  in  the  case  of  Arson, with  loss  of  life.  The 
record  of  inquiry,  (if;  in  'the  opinion  of  the  justice  making  it,  the 
accused  is  guilty,}  and  the  mittimus,  may  also  be,  mutatis  inuUui  • 
dis,  the  same  as  in  Arson,  brf ore  mentioned. 

COMPLAINT  AGAINST  A-  WITNESS    FOR  FALSE 
SWEARING,  Wl TH  DESIGN  TO  TAKE  -A  WA  i'  A 

MAN'S  LIFE. 

ToJ.  B.  Esquire,  orte  ot'the  justices  of  the  peace  for 
F.  County,  comes  J.  I>.  a  Grand  juror  of  S. 

in  said  county,  and  complains,  that,  on  the  day  of  A.  D. 
J.  N.  of  said  S.  a  single  woman,  of  the  age  of  twen- 

ty-five years,  at' said  S.  did  with  force  and  arms,  wilfully, 

maliciously,  feloniously,  and  \vith  design  to  take  away  the  life 
ofG.  F.  of  said  S.  before  J.  B.  Esquire, 

a  justice  of  the  peace  for  said  F.  county,  by  whom  the  said 

J.  N.  was  then  and  there  duly  sworn,  according  to  the 
forms  of  law,  to  say  the  truth,  in  relation  to  the  facts  alledged 
in  a  complaint  by  her  made,  against  the  said  G.  F.  for1 

the  crime  of  rape,  falsely  swore  that  (here  set  forth  the  -saords  of 
the  testimony,  as  near  as  may  be,}  against  the  peace,  and  contrary 
to  the  form  of  the  statute,  in  such  case  made  and  provided. 
Dated  at  this    :     day  of  A.  D. 

J.          D.          Grand  Juror- 

The  above  form  is  inserted  immediately  after  the  process,  in 
case  of  rape,  from  a  belief,  that  wilful  false  swearing  with  design 
to  take  away  life,  has  more  frequently  occurred  in  complaints  fo# 
rape,. than  ip  any  other,  that  the  justice  might  be  reminded  to 
admonish  the  complainant  of  her  danger,  if  her  complaint  br 
false. 


JUSTICE  OF  THE  PEACE. 


CHAPTER  XII. 

MAYHEM. 


J|_  O  cut  out,  or  disable  the  tongue,  put  out  aa  eye,  or  eyes, 
so  that  the  ptrson  is  thereby  made  bljnd  ;    or  to  cut  off  all,    or 
any  of  the  privy   members  of  any  person,    or  to  be  aiding  or  as^ 
sisting  therein,  by  lying  in  wait  on  purpose,  and  of  malice  afon 
thought,  is  ai>  offence  punishable  with  death. 

COMPLAINT. 

To  J.         B.         Esqnire,  one  of  the  justices  of  the  peace  for 
F.  county,  comes  J.         D,         a  gram!  juror  of  S. 

,n  .said  county,  and  complains,  that  on  the       day  of         A.  D. 
.it  in  said  county,  G.         F.         of  said  S.  did,  with 

force  and  arms,  by  lying  in  wait,  on  purpose,  of  his  malice  afore- 
thought, feloniously  cut  out  the  tongue  of  R.  R.  of  said 
S.  (^or  did  pluck  outtfic  right  eye  «/",  4'C.  or  otherwise)  as  the 
case  may  he,)  against  the  peace,  and  contrary  to  the  form  of  tho 
statute,  In  such  case  made  a-ml  provided. 

Dated  at  this         day  of  A,  D. 

J.          D.         Grand  Juror. 

If  the  ojf'tnce  complained  of,  is  aiding   or  assisting ,   after  the 
-xords  R.          R.  of  said  S.  suy,  and  that  L.         M.         of 

.-aid  S.  <lid,   with  like  force  and  arms,  lying  in  wait,  on 

purpose,  and  of  his  malice  aforethought,  feloniously  aid  and 
a'ssist  the  said  G.  F.  in  cutting  out  the  tongue  of  the  said 
R.  R-  aforesaid,  against  the  peace,  and  contrary  to  th^ 
"tatute,  in  such  case,  &r, 

Warrant,  Record  of  Enquiry,  and  Mittimus,  the  same,   muta- 
tis mutandis,  with  those  in  Arson,  with  loss  of  life. 


JUSTICE  OF  THE  PEACE.  in 


Homicide. 


CHAPTER  XIII. 

HOMICIDE, 


c. 


'RIMINAL  homicide  is,  by  our  statute,  Divided  intomtt/- 
der  and  inan~ slaughter,  only.  Murder  is  described  by  lord.Loke, 
in  these  words,  to  wit,  "  where  a  person  of  sound  memory  ami 
discretion  unlawfully  killeth  any  reasonable  creature  in  being, 
.and  under  the  (kings)  peace,  with  malice  afore  thought,  "(a)  Our 
Statute  describes  it,  as  a  killing  another,  upon  malice.,  hatred,  or 
cruelty,  or  through  guile,  either  by  poison,  or  other  such  atrc 
cious  practices,  not  in  his  just  and  necessary  defence  ;  nor  by 
oasuality  against  his  will.  The  criine  is  punishable  with  death. (I 

Man-slaughter,  is  the  wilful  killing  another  without  malice  afore- 
thought, either  express,  or  implied,(c)  and  the  punishment  is  a 
forfeiture  of  all  the  offenders  goods  and  chattels  to  the  State,  whip 
ping  on  his  naked  body,  branding  in  the  hand  with  the  k-ttci 
31.  and  disabling  the  slayer  forever  thereafter  fro-m  being  a  wit- 
ness, or  juror,  in  any  Court  in  the  State. 

The  designed  brevity  of  this  work  will  not  permit  a  specifics 
tion  of  the  great  variety  of  circumstances  which  are  to  be  takch 
into  consideration  on  an  examination  for  murder,  or  man-slaugh- 
ter ;  suffice  it  to  say,  that  it  is  a  duty  which   every  member  oi 
society  owes  to  the  rest,  to  see  that  a  legal  investigation  be  had. 
whenever  a  human  life  has   been  destroyed,  or  lost  by  the  act  of 
another.     It  too  often  happens,  that  where  persons  are  IUMM\  a  t. 
have  been  killed  by  others,  no  legal  enquiry,  whatever,  is  insti- 
tuted.    There  has  been  instances  of  rnan-blaughtsr,  and  cten  01 
murder,  by  ignorant  surgeons,  and  physicians,,  which  ha\f  pa •; 
sed  unnoticed  ;  and  cases   have  occurred  whe/re  one  person  h,tF 

(«)  3  fast.  47.     (ft)  1  St.  301,  302.-    <Y)  4  Bl.  Com.  190.  V.  St  303. 


.JUSTICE  OF  THE  PEACE. 


Homicide. 


been  shot  to  death  by  another,  which  passed,  without  even  the 
formality  of  an  inquest.  A  due  regard  to  self  preservation  ought 
Lo  prompt  every  one  to  lend  his  aid  in  preserving  the  land  from 
the  guilt  of  innocent  Wood.  . 

COMPLAINT  FOR  MURDER. 

ToJ.         B.         Esquire,  one  of  the  justices  of  the  peace  ibi 
F.  County  comes  J.         D.         a  Grand  juror  of  9.  '- 

ntyV^id  complaint,  that,  on  the         day  of         A.    M 


and 
said 

!    .'.          I).          hath  just  cause  to  'suspect; 
ftfoiWJJ          F.          nf.uid    S.  with  fore* 

•v  iJriilly  and  of  hi?  mahrc-nfV>rpthought,  feloniously  ki} 
'I,   the  Paid  <  by  cutting  his  throat 

vMh  a  razoV.-by  Prison  wiicrrof  the  said  R.'    '     H.  :    ''  langufeh- 
od,  and  languishing,  died  ;  against  tlie  peace,  and  contrary  to  the 
'"orm  of  the  statute.  ''in  such  case  made  ami  provided. 
•  Dtitod  at  A.  D. 

.!  n.  /,7-r^J;^/-. 

• 

vc-form-n-n;  cases  of  man-slaughter,  omit- 

ung  the  words  with  ni'j.lir^  aforethought,  if  the  complainant  feek 
it  his  duty  so  to  do.  There  is  not,  however,  rarely  a  possible 
rase,  In  which'  the  complainant  ought  'to  undertake  to  determine 
the  'degree  of  the  crime.  Indeed,  the  justice  who  makes  the 
enquiry,  on  cbinplaih't'Tor  homicide,:oi;ght  to  exercisr  his  power 
of  admitting  to  bail,  on  account  of  want  -of  malice  aforethought  in 
the!  offender,  with  extreme  caution  and  deliberation. 

;  wdmiaxT  -WITH  nu.£  .LVI;  CRY  AFTER  A 

MURDERER. 

To  the  sheriffof  the1  county  of  F.  his  deputies,  and  eitii 

•:r  of  the  constables  of  the  several  towns  within  said  county,    and 
all  other  -ejteootive  officers,   for  the  conservation  of  the  peace  .> 
within  the  county  aforesaid,   and    elswhere,  to  whom  the  excci; 
lion  hereof  doth  bekingj  Greeting: 


JUSTICE  OF  ,THE  PEACE. 


Homicide. 


Whereas  it  appears  to  me  J.  Ii.  .Esquire,  one!  of  the 
.Justices  of  the  peace  for  F.  Co,unty,  by  t'uc  oalh  oi 

D.         of  :  ^iid  county,  by  me.  to  him  ddfcy  radtainiJ- 

tered,  that  o»  .  the      -.day  of  A.I).          at.  said    S.    ,-noiq 

«on»e  person  or  persons  to  the  said  .T.  D.  uul.uo.,  -;-.,  with 
force  and  arms,  wilfully,  .felon  iousjjs  and  with  iriiiict-'afbre- 
thpught,  murdered  one  K.  R.  of  said  S.  by  cut- 

ting the  throat  of  him  the  said  R.  R.  by  reason  whereof 
he  the  said  R.  R.  bled,  languished,  and  languishing,  then 
:tnd  there  died.  And  that  the  said  J.  D.  hath  just  cause 
to  suspect,  and  doth  suspect,  that  one  G.  F.  a  transient 
person,  then  at  said  S.  with  force  and  arms,  wilfully, 

feloniously,  and  with  malice  aforethought,  him  the  said  R. 
R.  then    and    there,     in    manner     aforesaid,    murdered, 

against  the  peace,  and  contrary  tj  the  form  of  the  statute, 
in  such  case  made  and  provided.  And  that  the  said  G. 

F.  is    a  short  thick   set  man,    of  a  sandy   complexion,  vnlk 
red  hair,  and  blue  eyes,  and  about  the  age  of  twenty-five  years, 
and  had    on  when   last  seen    by  the   £aid  J.       /  D.         a   blue 
woolrm  pea-jacket,   and   blue  woolen  trovrsers,  and  glazed  hat, 
and  H  secreted  io  some  place,  unknown  to  the  said  J.         D. 

in  said  S.  or  absconded  to  some  distant  part,  believed  to 

be  to  the  westward  of  said  S. 

These  arc,  therefore,  !jy  authority  of  the  State  of  Connecticut, 
to  command  you,  n.nd  each,  and  every  of  you,  forthwith  to  makr 
diligent  search  throughout  your  several  precincts  for  the  sai< 

G.  F.          and   to  make  fresh    puvauit  and  hue  and  cry,  for 
him,  from  town  to  town,  and  from  cour.ty  to  county,  as  well  by 
horsemen  as  by  footmen,  and  to  give  due  notice  thereof  in   wri- 
ting, describing  in  such  notice  the  person,  and  the  offence  afore- 
said, unto  every  next  ConstaL  •'.  .  ering  to  him  an  attest- 
ed copy  of  this  warrant,  where  it  can  conveniently  be  done,)  on 
every  side,  until  the  malefactor  shal!  be  taken  or  you  shall  reach 
the  utmost  limits  of  this   state.     And   that   every  person   which 
you,  or  any  of  you  shall,  as  well  upen  y,uch  search  and  pursuit,crs 
otherwise,  take,  or  cause,  to  be                .    ;tly  suspected  of  haviap 


94  JUSTICE  OF  THE  PEACE. 

•  Homicide. 

committed  the  said  felony  and  murder,  you  forthwith  carry  before 
some  justice  of  the  peace,  in  and  for  the  county  where  he  shall 
be  taken,  that  enquiring  by  such  justice  may  be  made  in  the 
premises,  and  that  the  prisoner  may  be  dealt  with  as  the  law  di- 
rects. Hereof  fail  not,  and  of  this  warrant  make  doe  return. 
Dated  at  this  day  of  A.  I). 

J.         B.         Justice  of  the  peace. 


JUSTICE  OF  TUB  PEACK.  35 


Concealing  deaths  of  bastard  children. 


CH  AFTER  XIV. 

CONCEALING  PREGNANCY  WITH  DELIVERY  AND 
DEATH  OF  BASTARD  CHILDREN. 

JP  ORMERL  Y  to  conceal  the  death  of  a  bastard  child ,  so  that  it 
could  not  be  a*sertained  whether  born  alive  or  not,  was  murder. 
It  is  however, otherwise  now  ;  concealing  pregnancy,  and  being 
delivered  in  secret  of  a  child,  which  if  born  alive  would  be  a 
bastard,  is  punishable  with  fine,  not  exceeding  one  hundred  and 
tidy  dollars,  and  imprisonment  not  exceeding  three  months,  at 
the  discretion  of  the  (Superor)  Court. 

COMPLAINT  FOR,GONCEALING  PREGNANCY,  be. 
ToJ.  B.  Esquire,  one  of  the  justices  of  the  peace,  for 
F.  county,  comes  J.  -  D.  a  grand  juror  of  S.  in 
said  county,  and  complains  that  on  the  day  of  A.  D. 

a  male  (or  female)  child,  of  about  days  old,  was  found   se- 

creted at         the  mother  theft*  of  unknown  to  the  said  J.         D. 
and  that  the  said  J.         D.         hath  just    cause  to  suspect    and 
doth  suspect,  that  the  said  child  is  the  issue  of  the  body,  of  M. 
K.         of  said  S.         and  that  the  said  child  is  a    bastard,    and 
that  the  said  M.         K.         with  force  and  arms,  while  she  was 
pregnant  with  the  said  child  did  conceal  her  said  pregnancy,  and 
\vaswillinglydeiiveredinsecretby    herself  of  the    said   child, 
against  the  peace  and  contrary   to  the    form    of   tho    statute,  in 
such  case  made  and  provided. 

Dated  at         this         riny  of  A.  D. 

J.         D.         Gran*  Juror. 

Endeavouring  privately  to  conceal  the  death  of  a  child  wiich 
if  born  alive  izouUl  be  a  bastard,  so  that  it  could  not  be.  asscrtain- 
cd  whether  it  TE.-OS  born  alive  or  not,  or  t-fhe.thcr  it  were  mvri'crcd, 
or  not,  is  an  offence  puhishablc  by  setting  on  the  gallons,  -  ith  c 
rope  about  the  neck  for  one  hour,  and  binding  to  gor>d  ?irt"r—'"iir, 
find  imprisonment  at  the  rfircrctiov  of  the.  court. 


9>J  JUsTiUK'OF  T1IL 


Concealing  deaths  of  bastard  children. 


COMPLAWT. 

To  J.         B.         Esqi^ire,  QJ>£  of.  the   justices  of   the    peace 
for  F.  county,    comes  J.          D.          a  grand  juror  of  S. 

in  said  county,  and  complains,  that  on  the  day  of  A.I). 
at  S.  in  said  county,  a  male  (or  female)  child  \vas  found 
dead  and  concealed,  and  the  said  J.  D.  hath  just 
cause  to  suspect,  and  doth  suspect,  that  said  child  is  the  isst 
the  body  of  M.  K.  '  of  said  S.  a  single  woman  ;  ai 
that  if  said  child  Were  born  alive,  it  was  by  law  a  bastard  ;  and 
that  the  said  M.  K.  with  force  and  arms,  and  vyith  evil 
intention,  did  feloniously,  wickedly,  and  unlawfully  endeavour. 
privately  by  herself  and  others,  to  conceal  the  birth  of  the  child 
aforesaid,  so  that  it  might  not  come  to  light  whether  it  were 
born  alive,  or  not  ;  or  whether  it  were  murdered,  or  not  ; 
against  the  peace,  and  contrary  to  the  form  of  the  statute,  in  such 
c?.se  made  and  provided.  Dated,  &c. 

J.         D.         Grand  Juror-    ' 


\ 
JUSTICE  OF  THE  PEACE.  9? 

Duelling. 


CHAPTER  XV. 

DUELLING. 
CHALLENGING  TO  FIGHT  A  DUEL. 


T< 


OJ.         B.         Esquire,  £c.         comes  J.         D.         u 
grand  juror,  &c.   and  complains,  that  on    the  day  of 

A.  D.         at  in  said    county,  G.         F.         of  S.         did, 

of  private  malice,  fury,  and  revenge,  with  force  and  arms,  felo- 
niously challenge  R.  R.  of  said  S.  to  fight  at  swords 
(or  pistols,  or  other  dangerous  weapons,  as  the  case  may  be,) 
against  the  peace,  &,c. 

ACCEPTING  A  CHALLENGE. 

After  the  word  feloniously,  say,  accept  from  R.  R.  of 
said  S.  a  challenge,  to  fighl  with  him  at  swords,  &c. 

CARRYING  A  CHALLENGE. 

After  the  word  feloniously,  say,  did  willingly  and  knowingly 
carry,  and  deliver  to  R.  R.  of  said  S.  a  challenge  from 
him  the  said  G.  F.  to  fight  at  swords,  &c. 

BEING  PRESENT  AT  A  DUEL. 

Leave  out  the  word  did,  and  after  the  word  feloniously,  say, 
was  willingly  present  as  a  second  to   give  aid  to  R.         R. 
of  said  S.         who  then  was    fighting  with  one  G.         F.         of 
said  S.         at  swords,  &c. 

13 


JUSTICE  OF  THE  PEACE. 


Crimes  against  God  and  Religion. 


CHAPTER  XVL 

CRIMES  AGAINST  GOD  AND  RELIGION. 


HE  crimes  which  come  under  this  denomination,  are 
particularly  described  in  the  respective  statutes  prohibiting  their 
commission,  to  which  reference  may  be  had.  The  forms  of  pro- 
cess on  each,  are  also,  as  brief  as  may  be. 

DRUNKENNESS. 

Process  against  a  person,  upon  a  view  of  the.  justice. 

To  the  sheriff  of  the  county  of  F.  his  deputy,  or  either 

constable  of  the  town  of  S.  within  said  county,  Greeting  : 

Whereas  G.         F.         ofS.  aforesaid,  on  the         day 

of  A.  D.  was  by  me,  J.  B.  Esquire,  one  of  the 
justices  of  the  peace  for  said  county,  at  said  S.  on  plain 
riew,  found  drunken,  so  that  he  was  thereby  bereaved  and  dis- 
abled in  the  use  of  his  reason  and  understanding,  appearing  in 
his  speech  and  behaviour,  against  the  peace,  and  contrary  to  the 
form  of  the  statute,  in  such  case  made  and  provided. 

These  are,  therefore,  by  authority  of  the  State  of  Connecticut 
to  command  you  to  arrest  the  body  of  the  above  named  G. 
F.         and  him  forthwith  have  before  me,  the  said  justice  B. 
that  he  -may  show  reason,  if  any  he  have,  why  the  penalty  of 
ibe  law,  for  the  crime  of  drunkenness,  shall  not  be  inflicted  upon 
him,  and  that  he  may  be  dealt  with  as  the  law  directs.     Hereof 
fail  not,  and  make  due  return.     Dated  at         this         day  of 
A.  D.  J.         B.         Justice  of  the  peace 

RECORD. 

F.  County,  ss.  S. 

Be   it  remembered,   that  on  the         day  of    A.  D.     G. 
F.       ofS.         is  brought  before  me,  J.       B.       Esquire,  one  01 
the  justices  of  the  peace  for  F.       county,  at  S.       in  the  coun- 
ty aforesaid,  by  virtue  of  a  warrant  issued  by  me,  on  plain  view 
and  personal  knowledge,  that  he  was  drunken,  so  that  he,  was  be- 


JUSTICE  OF  THE  PEACE. 


Crimes  against  God  and  Religion.. 


reared  arid  disabled  in  the  use  of  his  reason  and  understanding, 
appearing  in  his  speech  and  behaviour,  to  shew  reason,  if  any  he 
has,  why  the  penalty  of  the  law  fur  the  crime  of  drunkenness 
shall  oot  be  inflicted  ou  him, -and  to  be  dealt  with  as  the  law  di- 
rects. And  the  said  G.  F.  being  required  to  show  reason. 
as  aforesaid,  said  he  had  none.  Whereupon  it  is  considered,  by 
me,  the  said  justice,  that  the  said  G.  F.  forfeit,  as  a 
fine,  the  sum  of  one  dollar  and  thirty-four  cunts,  to  the  use  of 
the  treasury  of  the  town  of  S.  aforesaid,  with  the  cost  oi 
prosecution,  taxed  at  $2,50,  and  on  enquiry,  it  appearing  to  me. 
the  said  justice,  that  the  said  G.  F.  hath  no  goods  where- 
on to  m;;ke  distress,  for  said  fine  and  cost,  it  is,  therefore,  further 
considered,  that  the  said  G.  F.  in  lien  of  said  fine,  be- 
set in  the  stocks  for  the  space  of  two  hours,  and  that  he  be  as- 
signed in  service  for  the  space  of  one  week  next  coming,  to 
some  citizen  of  the  United  States,  to  satisfy  said  cost :  and  R. 
R.  of  said  S.  a  citizen  of  the  United  States,  having  agreed 
to  take  an  assignment  of  him  the  said  G.  F.  in  service,  as 
aforesaid,  he  the  saidG.  F.  is  by  me,  the  said  justice 
B.  accordingly  assigned  in  service  to  him  the  said  R. 
R.  for  the  space  of  one  week  next  coming,  and  that  he  stand 
committed  until  sentence  be  performed. 

J.         B.          Justice  of  the  Peace. 

WARRANT  OF  EXECUTION. 

To  either  constable  of  the  town  of  S.         within  the  county  of 
F.  Greeting. 

Whereas,  G.  F.  of  was  convicted  of  the  crime  of 
drunkenness,  before  me,  J.  B.  Esquire,  a  justice  of  the 
peace  for  F.  county,  on  the  day  of  A.  D.  and 
tor  want  of  goods  whereon  to  levy  the  fine  by  law  inflicted,  to- 
gether with  the  costs  of  prosecution,  was  sentenced  to  be  set  in 
the  stocks  tor  the  space  of  two  hours,  and  to  be  assigned  in  serv- 
ice for  the  space  of  one  week  next  coming,  to  satisfy  said  costs, 
and  whereas  such  assignment  has  been  made  unto  R.  R. 
of  said  S.  these  are,  to  command  you  forthwith  to  set  ti.e 

said  G.         F.         in  the  public   stocks    in    said  S.         for  the 
space  of  two  hours,  and  immediately  thereafter,  to  deliver  him 


100  JUSTICE  OF  THE  PEACE. 

Crimes  against  God  and  Religion. 

the  said  G.         F.         unto  him  the  said  R.         R.         in  execu- 
tion of  said  assignment.     And  hereof  make  return. 
Dated  at         this         day  of         A.  D. 

J.         B.         Justice  of  the  Peace, 

NOTE — Where  the  fine  and  cost  is  paid  on  the  rendering  of  the 
judgment,  or  it  is  evident  that  the  prisoner  hath  goods  and  chat- 
tels whereon  to  levy  the  amount,  what  relates  to  the  want  of 
goods,  setting  in  the  stocks,  and  assignment  in  service,  are  to  be 
omitted  in  the  record.  And  a  warrant  of  distress  may  be  is 
sued  for  the  fine  and  cost. 

PROFANE  SWEARING  AND  CURSING. 
To  either  constable  of  the  town    of   S.         in  F.         county. 
Greeting:    Whereas  G.         F.       of  S.         aforesaid,  on  the 
day  of         A.   D.         at  S.         aforesaid,  in  the  hearing  of  me, 
J.         B.         Esquire,  one  of  the  justices  of  the  peace,  for  F. 
county,  did  wickedly  and  profanely  swear  one  profane  oath,  in 
the  words  following  ;  (here  recite  the  words  as  spoken')  (or,)  did 
sinfully,  and  wickedly  curse  one  R.         R.         of  said  S. 
in  the  words  fallowing  ;  (here  recite  the  words  as  spoken}  against 
the  peace,  and  contrary  to  the  statute,  in  such   case    made  and 
provided  ;  ill  within   the   personal  knowledge   of  me,  the  said 
justice  B.         these  are,  therefore,  by  authority  of  the  State   of 
Connecticut,  to  command  you  to  arrest  the  body  of  the   above 
named  G.         F.         and  him    forthwith    have  before   me,  the 
Said  justice  B.      to  show  reason  if  any  he  have,  why  the  penalty 
of  the  law  for  the  crime  of  profane  swearing  (or  profane  cursing) 
shall  not  be  inflicted  on  him,  and  that  be  may  be   dealt   with    as 
the  law  directs.     Hereof  fail  not,  and  make  due  return. 

J.          B.          Justice  of  the  Peace. 

'  'Record,  and  warrant  of  execution,  the  same  as  in  the  case  of 
drunkenness,  mutatis  mutandis. 

SABBATH  BREAKING. 

To  either  constable  of  the  town  of  S.         within   the  county 
of  F.  Greeting  : 

Whereas  G.         F.         of          on  tbp          day  of        A.  D. 


JUSTICE  OF  THE  PEACE.  101 

Crimes  aerainst  God  and  Ri-li^ion. 

being  the  Lord's  day,  between  the  rising  .of  the  suri  and  thft  set- 
ting of  the  same,  on  said  day,  regardless  of  his  duty  to  re- 
member the  sabbath  day,  to  keep  it  holy  :  in  the  plain  view 
and  personal  knowledge  of  me,  J.  B.  Esquire,  one  of  the 
justices  of  the  peace,  for  said  county,  of  F.  did  at  said  S. 
wickedly  travel  in  a  waggon,  and  proceed  on  a  journey,  (not 
from  necessity  or  charity,)  against  the  pence,  and  contrary  to 
the  form  of  the  statute,  in  such  case  made  and  provided. 

These  are,  therefore,  by  authority  of  the  State  of  Connecti- 
cut to  command  you  to  arrest  the  body  of  the  above  named1. 
G.  F.  and  him  forthwith  have  before  me,  the  said  justice 
B.  to  show  reason,  if  any  he  have,  why  the  penalty  of  the 
law  for  breaking  the  sabbath,  in  manner  aforesaid,  should  not 
be  inflicted  on  him  ;  and  to  be  dealt  with  as  the  law  directs. 
Hereof  fail  not,  and  make  due  return. 

Dated  at         this         day  of         A.   D. 

J.         B.         JusiiceoftfiePeacf, 

RECORD. 

F.  county,  ss.  S. 

Be  it  remembered,  that  on  the         day  of  A.  D.     G. 

F.         ofS.  is  brought  before  me,   J.         B.         Esquire, 

i  justice  of  the  peace  for  F.  couniy,  at  S.  in  said 

county,  by  virtue  of  a  warrant    issued  by  me,  the  said  justice 
B.         against  him  the  said  G.         F.         for  that  the  saidG. 
F.         being  a  waggoner  on  the         day  of  A.  D.      being 

the  Lord's  day,  between  the  rising  of  the  sun  and  the  setting  ol 
the  same,  on  said  day,  neglected  his  duty  to  remember  the  sab- 
bath day  to  keep  it  holy  ;  in  plain  view  and  personal  knowledge 
of  me,  the  said  justice  B.  did,  at  said  S.  wickedly 

travel  in  a  waggon,,  and  proceed  on  a  journey  (not  from  necessi- 
ty orcharity,  but  on  secular  business)  against  the  peace,  and  con- 
trary to  the  form  of  the  statute,  in  such  case  made  and  provided. 
And  the  said  G.  F.  being  required  to  sLow  reason,  if  any 
he  hath,  why  the  penalty  of  the  law  for  r,a!> bath  breaking,  in 
manner  aforesaid,  .should  not  be  inflicted  upon  him,  neglected  to 
show  any  such  reason,  whereupon  it  i.n  con  :'i'.t.-red  by  me,  the 
said  justice  B.  that  the  said  G.  F.  rv,  a  fine  of  three 


JUSTICE  OF  THE  PEACE. 


a?-tius<  (iod  ind  Religion. 


dollars  and  thirty-four  cents,  to  the  use  of  the  treasury  of  the 
fownofS.  aforesaid,  together  with  the  cost  of  this  pros- 

ecution, taxed  at  dollars.  and  cents,  and  that  he  stand 
committed  until  judgment  be  satisfied. 

J.          B.         Justice  of  the  Peace.      . 

WARRANT  OF  DISTRESS  AND  COMMITMENT. 

To  either  constable  of  the  town  of  S.  within  the  county 

of  F.  Greeting  : 

Whereas  G.         F.         ofS.  m  said  county,  was  on  the 

day  of  A.  D.  before  me,  J.  B.  Esquire,  one 
of  the  justices  of  the  peace  for  said  county,  convicted  of  sabbath 
breaking,  by  travelling  in  a  waggon  in  said  S.  on  a  jour- 

ney, on  the         day  of  being  the  Lord's  day,  and  condemn- 

ed to  pay  a  fine  of  three  dollars  and  thirty-four  cent?,  to  the  use 
of  the  treasury  of  the  town  of  S.  aforesaid,  together  with 

the  cost  of  this  prosecution,  taxed  at  dollars,  and  cents, 
which  fine  and  cost  the  said  G.  F.  hath  neglected  and 
refused,  and  still  doth  neglect  and  refuse  to  pay,  or  give  security 
that  he  will  speedily  do  the  same. 

These  are,  therefore,  by  authority  of  the  State  of  Connecti- 
cut, to  command  you  forthwith  to  levy  the  said  sums  amounting 
in  the  whole  to  the  sum  of  dollars,  and  cents,  by  dis- 

tress and  sale  of  the  goods  and  chattels  of  the  said  G.         F. 
if  found  within  your  precincts,  and  the  same  when  levied  to  pay 
to  the  subscriber,  to  be  disposed  of  as    the  law  directs,  and   for 
want  thereof  to  take  the  body  of  the  said  G.         F.         and  him 
commit  to   the  keeper  of  the  common  gaol  at  F.  in   said 

county,  within  the  prison,  who  is  hereby  required  to  receive,  the 
said  G.  F.  into  his  custody  within  said  gaol,  and  him  safely 
therein  keep,  until  he  pay  the  aforesaid  sums,  together  with 
cents  more  for  this  warrant,  and  also  your  fees,  or  be  discharged 
by  order  of  law.  Hereof  fail  not,  and  make  due  retum  within 
rsixiy'days  nest  coming. 

Pp.ffd  at         this        -day  of  A.  D. 

•T.         B.         Jidticebfih&PeQCf. 


• 

JUSTICE  OF  THE  PEACE.  103 

Crime*  against  God  and  Religion. 

RECORD, 

Of  judgment  where  a  person  is  taken  by  a  constable,  or  tithing- 
man,  breaking  the  sabbath,  and  brought  before  a  justice  of  the 
pejtc.e,  ex-officio,  wittwnt  a  warrant. 

F.  county,  ss.  S. 

Be  it  remembered,  that  on  the         day  of  A.  D. 

G.         F.          ofS.  is  brought  before  me,  J.         B. 

Esquire,  one  of  the  justices  of  the  peace  for  F.  county,  at 

S.  in   said  county,   by    L.  M.          a  constable   (or 

tithing-man)  of  said  S.  by  him  the  said  L.         M.         by 

virtue  of  his  office  taken,    for  that  the  said  L.         M.         says, 
that  on  the         day  of         A.  D.       being  the  Lord's  day,  while, 
a  man's  countenance  could  be  discerned  'by  the  light  of  the  sun, 
on  the  same  Lord's  day,  the  said  G.         F.         regardless  of  hh 
duty  to  remember  the  sabbath  day  to  keep  it  holy,  did  at  S. 
aforesaid,  in  the  presence  and  view  of  the  said  L.         M. 
Jabor,  by  hoeing  of  corn  in  the  field,  of  him  Ihe  saidG.         F. 
(it  not   beiflg  a  work  of  necessity   or  mercy)  against  the  peace; 
and  contrary  to  the  form  of  the   statute  in  such  case  made  and 
provided.     And  the  said  G.         F.         having  been  by  me   the 
said  justice  B.         required  to  show  reason,  if  any  he  have,  why 
-the  penalty  of  the  law  for  sabbath  breaking,  in  manner  aforesaid, 
shall  not  be  inflicted  upon  him,  says  that  he  is  not  guilty,  in  man- 
ner and  form,  as  by  said  L      M.       is  alledged,  and  I  the  said  jus- 
tice B.         having  duly  heard  the  evidence  adduced  and   argu- 
ments urged  by  the  said  G.         F.         as  well  as  the   testimony 
of  the  said  L.         M.         do  find,  that  the  said  G.         F.         is 
guilty,  in  manner  and  form,  as  by  said  L.         M.         is  above 
alledged,  whereupon  it  is  considered,  that  the  said  G.         F. 
pay  a  fine  of  three  dollars  and  thirty-four   cents,  to  the    use  of 
the  treasury  of  the  said  town  of  S.  together  with  the  cost 

of  this  prosecution,  taxed  at  dollars  and  cents,  and 

that  he  stand  committed  until  judgment  be  satisfied. 

J.         B.         Justice  of  tiie  peace. 

COMPLAINT  BY  INFORMING  OFFICER. 
To  J.         B.         Esquire,  one  of  the  justices  of  the  peace  for 
rounty,  comes  J.         D.         a  Grand  juror,  (or  Consta- 


104        JUSTICE  OF  THE  PEACE. 

Crimes  againsi  God  arid  iveli^ioa. 

ble,  or  Tithing-man,  as  the  case  maybe,}  and  complains,  that  on 
the  day  of  A.  D.  it  being  the  Lord's  day,  while  there 
was  light  of  the  sun  sufficient  to  discern  the  countenance  of  a  man, 
A.  B.  C.  and  D.  all  of  S.  regardless  of  their  duty  to  re- 

member the  sabbath  day  to  keep  it  holy,  did  convene  in  a  pub- 
lic street  in  said  S.  and  then  and  there  play  at  quoits,  a 
species  of  game  for  diversion,  (or  any  other  game,  recreation,  or 
business,}  against  the  peace,  and  contrary  to  the  form  of  the  stat- 
ute of  this  state,  in  such  case  made  and  provided. 
Dated  at  this  day  of  A.  D. 

J.         D.         Grand  Juror. 

The  warrant  for  arrest,  Record,  and  warrant  of  distress,  th* 
same,  mutatis  mutandis,  as  all  other  cases  where  ajine  and  cost 
are  only  inflicted. 

It  will  be  remembered,  that  for  drunkenness,  profane  swearing, 
or  cursing,  and  sabbath  breaking,  the  process  may  be  commen- 
ded either  on  the  view  of  the  justice,  or  by  arrest,  and  return 
made,  ex-officio,  by  a  constable,  and  in  case  of  sabbath  breaking, 
by  a  titbing-man,  or  complaint  by  informing  officer,  and  a  war- 
rant issued  on  such  complaint.  The  various  forms,  already  giv- 
en in  this  work,  are  believed  sufficient  to  enable  the  justice  to 
proceed  without  difficulty,  in  either  of  the  cases  above  mention- 
ed 


JUSTICE  OF  THE  PEACE.  105 


CHAPTER  XVII. 

GAMING. 
COMPLAINT  AGAINST  A  GAMESTER. 

To  J.         B.         Esquire,  one  of  the  justices   of  the    peace 
for  F.         county,  comes  J.          D.         a  grand  juror  of  S. 
in  said  county,  and  complains  that  on  the   night    next   following 
the          day  of        A.  D.         G.         F.         of  said    S.         did 
at   S.  aforesaid,    wickedly    play  at     cards    with  divers 

others  to  the  said  J.  D.  unknown,  against  the  peace,  and 
contrary  to  the  fonn  of  the  statute,  in  such  case  made  and  pro- 
vided. 

Dated  at         this         day  of  A.  D. 

J.         D.         Grand  Juror. 

COMPLAINT  AGAINST  THE  HEAD  OF  A  FAMILY. 

For  permitting  Cards  to  be  played  in  his  house. 

,  and  complains,  that  on  the  night  next  following  the 

Jay  of  A.  D.  at  in  said  county,  in  the  dwelling 
house  of  G.  F.  of  said  the  head  of  a  family,  living 

in  the  same  house,  divers    persons  to  the   said  J.         D.         un- 
known, did  with  the  privity  and  consent  of  the  said  G.         F. 
play  at  cards,  against  the    peace,    &c. 

AGAINST  A  MAN  FOR  SELLING  PLAYING  CARDS. 

,  complains,  that  on  the         day  of          A.  D.         G. 

F.  of  at  aforesaid,  did  sell  a  pack  of  playing  cards 
to  some  person,  to  the  said  J.  D.  unknown,  against  the 
peace,  &c. 

FOR  KEEPING  PLAYING  CARDS  FOR  SALE. 

,  had  in   his   possession,  for  sale,  a  pack  of  playing 

cards,  against  the  peace,  4-c. 


lot  JUSTICE  OF  THE  PEACE. 


Gaming. 


AGAINST  A    TAVERN  KEEPER,   FOR  KEEPING 
PLAYING  CARDS  IN  OR  ABOUT  HIS  HOUSE,  4>c. 

ToJ         B.         Esquire,  &c.  J          D. 

Grand  juror,  &c.  complains,  that  on  the         day  of 

A.  D.         G.         F.         of  S.  a  taverner  and  inkeeper  in 

said  S.  in  his  dwelling  house,  then  used  and  occupied  by 

him  for  the  keeping  of  a  tavern  in  S.  aforesaid,  did  keep 

a  pack  of  playing  cards  which  were  there  used  in  gaming,  by 
persons  resorting  to  said  dwelling  house,  so  used  and  occupied 
#.s  a  tavern,  (or  did  suffer  persons  resorting  to  his  house  to  play 
at  cards  .therein,)  against  the  peace,  and  contrary  to  the  form  of 
the  statute,  in  such  case  made  and  provided. 
Dated  at  this  day  of  A.  D. 

J*         D.         Grand  Juror. 

The  complaints  foregoing  are  all  determinable  by  a  justice  of 
the  penee,  on  which  he  may  render  final  judgment.  Those  which 
follow  are  cognizable  by  the  County  Court  only. 

AGAINST  A  PERSON  FOR   KEEPING  A    BILLIARD 
TABLE. 

•,  J.       D.        a  grand  juror  of  said  S.       complains,  that  on 

the  day  of  A.  D.  G.  F.  ofS.  aforesaid, 
had  and  kept  in  his  custody  and  posiession,  in  his  dwelling 
house,  atS.  a  billiard  table,  (or  £.  O.  table,  as  the  case 

maybe,)  against  the  peace  and  contrary  to  the  form  of  the  stat- 
ute, in  such  case  made  and  provided*  Dated,  &c. 

AGAINST  A  PERSON    FOR    OWNING  AN  E.     O. 
TABLE,  &c. 

. }  complains,  that  on  the       day  of         A.  D.         G. 

F.  of  at  aforesaid,  owned  an  E.  O.  table,  [or  a  bil 
Hard  table,)  (or  a  faro  bank,)  against  the  peace,  &c. 

}f  the  delinquent  owned  only  a  part  of  such  table,  or  bank, 
after  the  word  aforesaid,  say,  was  part  owner  of  an  E.  O.  (or 
billard)  table,  (or  a  faro  bank,)  against  the  peace,  fa. 


JUSTICE  OF  THE  PEACE.  10? 


AGAINST  A  PERSON  WHO  HAS  WON,  OR   LOST,  AT 
A  GAME  OF  HAZ&ARD. 

,  complains,  that  on  the  tlay/'Of         A»  D.       G. 

F.         ofS.         aforesaid,  at  said   S.         by  betting  01*  a   game 
at  cards,  then  and  there  played,  woe,  (or  lost}  the  sum  of 
dollars,  (era  horfee,of  the  value  of  dollars,,  or,  otker  thing 

as  the  cast  may  Ae,)  against  the  peace,  <J*c. 

.IGAINST  A  PERSON  WHO  HAS  SUFFERED  QAMINQ 
IN  HIS  HOUSE,  £c.  BY  WHICH,  MONEY,  4-c.  IS 
WON,  OR  LOST. 

,  ci  mplains,  that  on  the         day  of         A.  D.         G. 

F.  ofS.         aforesaid,  did  consent  to,  and  suffer  divers  pec- 
sons  to  play  at  cards,  (or  any  other  unlawful  game)  in  his  store, 
in  said  S.         vyUen  and  where  there  was  won,  and  lost  divers 
sums  of  money  to  the   amount  of        dollars,  by  betting  on  the 
games,  so  then  and  there  played,  against  the  peace,  &c. 

PROCESS. 

To  search  for,  seize,  and  destroy  an  E.  Q.  or  a  Billiard  Table 

To  J.  B.  and  L.  L.  Esquires,  two  justices  of 
the  peace,  for  F.  county,  comes  A.  B.  and  C.  a  ;nsy- 
jority  of  the  selectmen  of  the  town  of  S.  in  said  county,  ;:ad 
inform,  that  they  have  cause  to  suspect,  and  do  suspect,  that  an 
E.  O.  (or  a  billard)  table  is  kept  concealed  in  the  dwelling 
bouse,  (or  other  building  as  the  case  may  be,  describing  it,}  of 

G.  F.         in  S.         aforesaid,  against  the  peace,  and  contra- 
ry to  the  form  of  the  statute,  in  such  case  made  and  provided. 

Dated  at         this         day  of          A.  D. 
A   ) 
B    >    A  majority  of  the  selectmen  of  S. 

OATH.  . 

F.         county,  ss.  S.          on  this         day  of         A;  D. 
A.  B.  and  C.      a  majority  of  the  selectmen   of  said  S.      made 
solemn  oath,  to  the  truth  of  the  above  complaint,,  by  them   sub- 
scribed, before  us. 

J.          B.  S     Two  Justices  of  the. 

L.          L.  t  Peace. 


108  JUSTICE  OF  THE  PEACE. 


WARRANT. 

To  the  sheriff  of  the  county  of  F,         his  deputy,  or  either   of 
the  constables  of  the  town  ofS.       within  said  county,  Greeting  : 
Whereas  the  foregoing  information  has  been  by  A,  B,  and  C 
a  majority  of  the  selectmen  of  the  town  of  b.          aforesaid,  to  us 
the  subscribing  justices  of  the  peace,  made.     These  are,  there - 
'  fore,  by    authority  of  the  State  of  Connecticut,  to  require  you, 
taking  with  you  proper   assistance,  to   enter  into  the    dwelling 
house  of  G.          F.          of  said  S.          situated  therein,  and  being 
so  entered,  then  and  there  to    search   for  an  E.   O.   (or  billard) 
table,  belived  by  said  selectmen  to  be  therein  kept  and  conceal- 
ed ;  and  on  finding  the  same,  to  seize    and  -brin^  away,  and  of 
your  doings  therein  due  return  to  us  make.  Hereof  fail  not. 
Dated  at         this         day  of         A.   D. 

J.          B.       \    Two  Justices  of  the' 
L.         L.      $  Peui-e. 

OFFICER'S  RETURN 

F.         county,  ss.  S.  on  the         day  of          by  virtue 

of  this  warrant  tome  directed,  I  took  with  me,  D.  and  C.  K. 
both  ofS.  aforesaid,  and  entered  into  the  dwelling  house  of 
G.  F.  '  in  said  S.  and  then,  and  there  made  search  for 
rui  E.  O.  (or  billard)  table,  therein  said  to  be  kept  and  conceal- 
ed, when  and  where,  1  found  and  seized,  and  brought  away  the 
same  ;  and  now  have  it  in  my  custody  before  J.  B.  and 
T,.  L.  Esquires,  as  within  required. 

M.         N.     '     Constable. 

RECORD. 

F.  county,  ss.  S. 

Be  it  remembered,  that  on  the         day  of  A.  D.          is 

brought  before  us,  J.  B.  and  L.  L.  Esquires,  two 
justices  of  the  peace  for  F.  county,  at  in  said  coun- 

ty, an  E.  O.  table,  taken  by  virtue  of  a  warrant,'  by  us  the  said 
two  justices  issued,  on  information  to  us  by  A.  B.  and  C.  a  ma- 
jority of  the  selectmen  of  said  town  of  S.  made,  that  they 
had  just  cause  to  suspect,  and  did  suspect,  that  there  was  kept 
and  concealed  in  the  dwelling  house  ofG.  F.  of  S. 


JUSTICE  OF  THE  PEACE.  109 

Gamine. 

aforesaid,  in  S.  an  E.  O.  (or  billiard)  table,  directed  to  the 

sheriff  of  the  county  of  v.  his  deputy,    or  either  constable 

of  the  town  of  S.        him  requiring  with  proper  assistance,  to  en- 
ter into  said    dwelling   house,    and  then   arid   there  to  seach  for 
such  table,  and  having  found  the  same,  the  same  to  bring  away  ; 
and  make  ruturn  to  us  of  his  doings  tliereon.     And  M.       N. 
a  constable  of  said  S.  to  which  said  warrant  was  directed 

for  service,  having  made  return  to  u.s  that  he  has,  in  pursuance 
of  the  same,  made  search  for,  found,  seized,  and  brought  awaj 
the  same  table,  and  now  has  it  before  us.  It  is  therefore  by  us, 
the  said  t-.vo  justices,  considered,  that  a  warrant  issue  to  the  said 
constable  M.  N.  to  destroy  the  same  E.  O.  table,  or  cause 
it  to  be  destroyed. 

T  "P  i 

J  T-soo  Justices  of  the  Peace. 
L-         L-  $  J 

WARRANT  OF  EXECUTION. 

To  M.  N.  a  constable  of  S.  in  the  county  of 

F.  .    Greeting : 

By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded forthwith  to  destroy  an  E.  O.  table,    now  in  your  cus- 
tody, taken  from  the  dwelling  house  of  G.         F.         in  S. 
aforesaid,  by  you,  in  pursuant^  of  our  warrant  for  that  purpose, 
to  you  directed.     Hereof  fail  not,  and  due  return  to  us  make. 
Datod  at  this         day  of        A.  D. 


T  T)  } 

>  T~Ji'o  Justices  of  the  Peace. 


L. 


110  JUSTICE  OF  THE  PEACE. 

^ P.  nun  . 

CHAPTER  XVJII. 

PERJURY. 


J/ERJURY,  is  a  crime  committed,  when  a  lawful  oath  is 
administered  in  some  judicial  proceeding,  to  a  person  who  swears 
wilfully,  absolutely,  and  falsely,  in  a  matter  material  to  the  issue 
or  point  in  question.  This  is  wilful,  corrupt  perjury,(a)  and 
may  be  committed  in  giving  a  deposition,  to  be  used  on  the  trial 
of  any  case  pending  in  a  court  of  record,  wherein  depositions  are 
admissible  evidence,  as  well  as  upon  examination  in  open 
court. (6)  The  perjury  must  be  corrupt,  committed  with  evil 
intention,  and  wicked  mind,  not  by  surprise  or  mistake. (c) 

•Subornation  of  perjury,  is  the  offence  of  procuring  another  to 
take  such  false  oath  as  constitutes  perjury,  in  the  principal. (d) 
The  cognizance  of  perjury  and  the  subornation  thereof,  belong 
<o  the  County  Court,  and  are  alike  punished  with  a  forfeiture  of 
sixty-seven  dollars,  one  half  to  the  State  treasury,  and  the  other 
lo  the  sufferers ;  and  for  want  of  goods  and  chattels  to  satisfy  said 
sum,  the  delinquent  must  be  set  in  the  pillory  one  hour,  and  be 
imprisoned  six  months,  without  bail  or  mainprize  ;  and  is  ren- 
dered infamous.(c) 

The  statute  enjoins  on  all  informing  officers,  to  prosecute  all 
offenders  ;  and  authorizes  the  party  aggrieved  to  do  the  same.(/) 

COMPLAINT  BY  Jl  GRAND  JUROR. 
To  J.         B.         Esquire,  one  of  the  justices  of  the  peace,  for 
F.         county,  comes  J.         D.         a  grand  juror  of  S.         in 
said  county,  and  complains,  that  on  the        day  of         A.  D. 
at         in  said  county  of  F.  before   the          Court  then  held 

at  said         for  said  county  of  F.  while  a  cause  was  on  tri- 

(o)  3  Inst.  164.         (6)  1  St.  548.         (c)  3  Bl.  Com.  137. 
(d)  Ibid.         00  1  St.  549.        (/)  Ibid. 


JUSTICE  OF  THE  PEACE.  Hi 

——  Perjury. 

al  before   said  Court,  between  L.         M.         of  plaintiff 

andN.  O.  of  defendant,  G.  F.  was,  by  D.  B. 
Clerk  of  said  Court,  sworn  as  a  witness  in  said  cause,  to  testify 
the  truth,  the  whole  truth,  and  nothing  but  the  truth:  and  that 
the  said  G.  F.  being  so  as  a  witness  sworn  in  said  cause, 
did  with  evil  intention,  wilfully,  wickedly,  corruptly,  and 
falsely  testify  and  swear,  that  (he.re  set  out  the  words  of  false  tes- 
timony] which  said  wilful,  wicked,  corrupt,  and  false  testimony 
of  the  said  G.  F.  so  as  aforesaid,  with  evil  intention, 
wilfully,  wickedly,  corruptly,  and  falsely  by  him  testified,  and 
sworn,  was  material  to  the  determination  of  the  issue  then  on 
trial,  bet wee'iV the  parties  in  said  case,  all  which  conduct  of  the 
said  G.  F.  is  against  the  peace,  and  contrary  to  the  form 
of  the  statute,  in  such  case  made  and  provided. 
Dated  at  this  day  of  A.  D. 

J.         D.         Grand  Juror. 

SUBORNATION  OF  PERJURY. 

To  J.         B.        Esquire,  one  of  the  Justices  of  the  peace  for 
the  county  of  F.  comes  J.         D.  a   grand  juror  of 

S.  in  said  county,  and  complains,  that  on  the         day  of 

A.  D.         at  said  S.  G.         F.         of  sard  S.  did, 

with  evil  intention,  unlawfully,  wickedly,  and  corruptly  procure 
one  S.         R.         of  srid  S.  before  the  Court  held 

at  in  and  for  said  county,  on  the         Tuesday  of        A.  D. 

in  a  cause  on  trial  before  said  Court,  between  L.         M. 
plaintiff,  and   N.         O.         defendant,  corruptly  and  falsely  to 
testify,  and  swear,  that  (here  set  out  the  words  of  the  false  testi- 
mony") said  corrupt  and  false  testimony  of  the  said  S.         R. 
so  as  aforesaid,  with  ev^l  intention,   unlawfully,   wickedly,  and 
corruptly  procured  by  the  said  G.         F.         to  be  testified  and 
3worn  by  the  saidS.         R.         was  material  to  the  determina- 
tion of  the  issue  between  the  said  parties  in  said  cause,  and  was 
in  fact,  corruptly  and  falsely  testified  and  sworn  to,  by  the  said 
S.         R.         while  testifying  as  a  witness  in  said  cause,  he  thei: 
ind  there  having  been  by  D.         B.         clerk  of  said  court,  du 
ly  sworn,  as  a  witness  in  the  same  ca?e,  <<•>  *?sHfv  the  truth, the 


112  JUSTICE  OF  THE  PEACE. 

Perjury. 

whole  truth,  and  nothing  but  the  truth  ;  all  which  conduct  of  the 
said  G.  F.  is  against  the  peace,  and  contrary  to  the  stat- 
ute, in  such  case  made  and  provided. 

Dated  at  this         day  of         A.  D. 

J.          D.          Grand  Juror. 

The  form  of  warrant  of  arrest,  record  of  enquiry,  recogni- 
zance, and  mittimus,  are  the  same  in  the  two  preceding  com- 
plaints, mutatis  mutandis,  as'in  the  case  of  theft,  above  the  value 
of  thirty  dollars. 


JUSTICE  OF  THE  PEACE.  li:> 


Apostncy. 


CHAPTER  XIX. 

COMPLAINT  FOR  A  POST  AC  Y. 

ToJ.         B.         Esquire,  one  of  the  Justices  of  the  Peace  fov 
F.  county,  comes  J.         D.         a  grand  juror  of  S. 

in  said  county,  and  complains,  that  E.         U.         of  said  S. 
having  been   educated  in  the  Christian  religion,  (and  made  pro. 
fession  of  the  Christian   religion,)  fas  the  case   may  be,)  did,  on 
the  day  of         A.  D.         at   said  S.  utter,  and   with 

an  audible  voice,  and  an  impious  intent,  declare,  in  hearing  ot 
divers  Christian  people,  dwelling  in  said  S.  these  atheisti- 

cal and  infidel  words  following,  to  wit.  Jesus  Christ  (meaning 
the  second  person  in  the  holy  trinity')  is  not  God  ;  (or  the  bible, 
meaning  the  holy  scriptures  of  the  old  and  new  testaments,  is  a 
pack  of  lies,  a  bundle  of  priestcraft,  conjured  up  to  deceive  the 
common  people;  )  against  the  peace,  and  contrary  to  the  form  of 
the  statute,  in  such  case  made  and  provided. 

Dated  at  this          day  of         A.  D. 

J.         D.         Grandjuror. 

COMPLAINT  FOR  BLASPHEMY. 

To  J.         B.         Esquire,  one  of  the  Justices  of  the  Peace  for 
F.  county,  comes  J.         D.         a  grand  juror  of  S. 

in  said  county,  and  complains,  that  E.         U.         of  said  S. 
on  the         day  of         A.  D.         at  S.  aforesaid,  did  wilful- 

fully  blaspheme  the  Son  of  God  by  denying  him  in  the  words 
following,  to  wit :  There  never  -was  such  a  person  as  Jesus 
Christ.  Mary,  (meaning  the  blessed  virgin  Mary,  the  mother  of 
our  Lord  Jesus  Christ,)  might  have  a  bastard,  called  Jesus,  but 
he  was  no  more  God,  than  any  strumpeCs  bastard;  against  the 
peace,  and  contrary  to  the  form  of  the  statute,  in  such  case  made 
and  provided. 

Dated  at  this         day  of         A.  D. 

J.          D.          Grandjuror, 


H4  JUSTICE  OF  THE  PEACE, 

Apostacy. 

The  Superior  Court  alone  has  cognizance  of  apostacy  and  blas- 
phemy. The  form  of  the  record  of  enquiry,  recognizance,  and 
mittimus,  are  the  same,  mutatis  mutandis,  with  those  in  the  case 
of  burglary. 

The  boldness  with  which  the  above  mentioned  crimes  are,  in 
these  days,  committed,  and  the  frequency  of  apostacy,  ought  to 
prompt  not  only  informing  officers  to  vigilance  in  enquiry  ;  but 
magistrates,  and  all  other  citizens,  who  believe  in  the  great  doc- 
trines of  the  Christian  religion,  to  unite  for  the  extinction  of  so 
malignant  a  crime  from  amongst  us.  The  penalties  of  the  law 
are  mild,  in  comparison  with  the  offences,  but  would  undoubted- 
ly prove  sufficient,  if  carefully  inflicted. 


JUSTICE  OF  THE  PEACE.  11  & 

Rint. 

CHAPTER  XX. 

RIOT. 

COMPLAINT. 

ToJ.  B.  Esquire,  one  of  the  Justices  of  the  Peace 

Tor  the  county  of  F.  comes  J.          D.         a  grand  juror  ot 

in  said  county,  and  complains,  that  on   the         day  oi 
A.  D.         A.  B.  C.  and  D^  all  of  said  b.          with  others,  to 
the  said  J.       D.       unknown,  to  the  number  of  twelve,  or  more, 
with  force  and  arms,  unlawfully,  riotously,  routou?ly  and  tumul- 
tuously,  did  assemble  together  at  in  said  S.  to  disturb 

the  peace  of  this  state.  And  being  so  assembled  together, 
with  force  and  arms,  as  aforesaid,  unlawfully,  riotously,  routous- 
ly,  and  turnultuously,  did  (/iere  state  the  particular  acts  and  mis- 
chief done  by  the  rioters}  against  the  peace,  and  contrary  to  tho 
form  ot  the  statute,  in  such  case  made  and  provided. 
Dated  at  this  day  of  A.  D. 

J.          D.         Grand  juror. 

RECORD, 

Of  proceedings,  in  case  of  riot,  where  the  rioters  were  arrested  by 
two  justices,  assisted  by  the  selectmen  and  constables  of  the  ton-n. 
after  proclamation  made. 
F.  county,  ss.  S. 

Be  it  rertembered,  that   on   the         day  of         A.  D.         A. 
B   C.  and  D.  all  ofS.  in  said  county,  are  before  us  J. 

B.         and  L.         L.         Esquires,  two  justices  of  the  peace  foi 
said  county  of  F.  at  S.  aforesaid,   having   been  ap- 

prehended by  us,  the  said  justices  of  the  peace,  with  the  assist- 
ance of  the  selectmen  and  constables  of  said  S.  at  our  request 
made,  and  now  in  custody  of  the  said  constables,  for  that  the  said 
A.  B.  C.  and  D.  with  others  unknown  to  us,  the  said  justices,  to 
the  number  r.f  thirty,  or  more,  on  this           day   of         A.  D. 
at          in  said  S.             with  force  and  arms,  unlawfully,  riotous 
ly,  routously,  and  tumultuotisly  did  assemble,  to  pull  down,  <!"•. 


11G  JUSTICE  OF  THE  PEACE. 


Riot. 


stroy,  and  demolish  the  dwelling  house,  (or  to  do  any  other  un- 
lawful act)  of  R.  R.  of  said  S.  and  we  the  said 
justices  having  been  informed  of  the  unlawful,  riotous,  routous, 
and  tumultuous  assemblage  aforesaid,  repaired  to  the  place  of 
such  assemblage,  as  aforesaid,  and  then  and  there,  made  procla- 
mation, according  to  the  form  required  by  the  statute,  in  such  case 
provided,  that  the  persons  £o  as  aforesaid  assembled,  disperse 
themselves,  and  peaceably  depart  to  their  habitations,  or  to  their 
Jrnvful  business.  Nevertheless  the  said  A.  B.  C.  and  D.  and 
others,  as  aforesaid,  being  unlawfully  assembled,  as  aforesaid, 
refused  and  neglected  to  disperse  and  depart  peaceably  accor- 
ding to  the  command  of  us  the  said  justices,  but  continued  un- 
lawfully, riotously,  roulously,  and  tumultuously  assembled,  for 
the  space  of  one  hour  after  the  command  as  aforesaid,  to  them 
given  to  disperse.  And  being  so  then  and  there  assembled  to- 
gether, as  aforesaid,  unlawfully,  riotously,  routously,  and  tu- 
multuously,  did  pull  down,  demolish,  and  destroy,  the  dwelling 
hovise  of  the  said  R.  R.  (or  did  other  mischief  as  the  case 
may  6e,)  against  the  peace,  and  contrary  to  the  form  of  the  stat- 
ute, in  such  case  made  and  provided.  And,  therefore,  we  the 
said  justices,  with  the  said  selectmen  and  constables  of  said 
S.  did  by  virtue  of  the  statute,  in  such  case  made  and  pro- 
vided, apprehend  the  said  A.  B.  C.  and  D.  who  are  now  before 
us,  in  the  custody  of  said  constables.  And  the  said  A.  B.  C.  and 
D.  being  required  to  show  reason  why  they  should  not  recognize 
with  sureties  to  appear  before  the  county  court  next  to  be  held 
in  and  for  said  county  of  F.  to  answer  such  things  as  may 
be  there  objected  against  them  by  the  State's  Attorney,  touch- 
ing the  matters  aforesaid,  wholly  failed  to  show  any  such  reason  : 
whereupon  it  is  by  us  considered,  that  the  said  A.  B.C.  and  D.  re- 
cognize with  four  sufficient  sureties  to  the  State  of  Connecticut, 
each  in  the  sum  of  dollars,  conditioned,  that  the  said  A. 
B.  C.  and  D.  shall  personally  appear  before  the  court,  to 
beholden  at  in  and  for  the  county  of  F.  on  the 
Teusdayof  A.  D.  to  answer  such  matters  as  shall  then 
and  there  before  said  court  be  objected  against  .them,  by  the 
State's  Attorney,  for  said  county,  and  abide  the  order  of  said 
county  court  in  all  things  thereon  ;  and  that  in  the  mean  time 


JUSTICE  OF  THE  PEACE.  117 


Riot. 

V 


the  said  A.  B.  C.  and  D.  keep  the  peace  and  be  of  good  behav- 
iour, towards  all  the  citizens  of  this  state,  and  in  particular 
towards  the  said  R.  R.  and  stand  committed  until  judg- 
ment be  performed  ;  and  the  said  A,  D,  C,  and  D,  having  failed 
to  recognize  with  sureties,  as  aforesaid,  though  a  reasonable  time 
has  been  allowed  to  them,  therefore  it  is  further  considered,  by 
us  the  said  justices,  that  the  said  A,  B,  C,  and  D,  be  committed 
to  the  common  gaol  in  F.  in  said  county,  therein  to  be  held, 

until  they  shall  respectively  be  delivered  by  order  of  law. 

J.          B.  )  Two  Justices  of 

L.          L.          $         the  Peace. 

MITTIMUS. 

To  either  constable  of  the  town  of  S,  in  the   county 

of  F.  Greeting  : 

Whereas  A,  B,  C,  and  D,  all  of  S.  aforesaid,  were  by 

us,  J.          B.          and  L.  L.  Esquires,  justices  of  the 

peace  for  said  county  ofF.  with  the  selectmen  and  COG 

stables  of  said  S.  on  the         day  of  at  said  S. 

apprehended,  while  with  force  and  arms,  they  the  said  A,  B,  C, 
and  D,  together  with  others,  unknown  to  us,  the  said  justices,  to 
the  number  of  thirty,  or  more,  were  unlawfully,  riotously,  rout- 
ously,  and  tumultuously  assembled  together,  and  in  the  act  of 
unlawfully,  riotously,  routously,  and  turnultuously  pulling  down, 
demolishing,  and  destroying  the  dwelling  house  of  R.  R. 
in  said  S.  and  after  they,  the  said  A,  B,  C,  and  D,  and 

others,  had  by  us,  the  said  justices,  been  commanded  ts 
disperse  themselves,  and  peaceably  depart  to  their  habi- 
tations, or,  to  their  lawful  business  ;  and  whereas  the  said 
A,  B,  C,  and  D,  being  required  to  show  reason,  if  any 
they  had,  why  they  should  not  recognize  with  sureties,  condi- 
tioned, that  they  the  said  A,  B,C,  and  D,  shall  personally  ap- 
pear before  the  County  Court,  to  be  holden  at  in  and  for 
the  county  of  F.  on  the  Tuesday  of  A.  D. 
and  answer  whatsoever  shall  be  objected  by  the  State's  Attor- 
ney for  said  cour.ty  against  them,  touching  the  matters  aforesaid, 
and  abide  the  order  of  said  Court,  wholly  failed  to  show  any 
•:i;ch  reason;  and  whereas.it  was  thereupop  considered,-  by  us-, 


HI  JUSTICE  OF  THE  PEACE. 

Riot. 

the  said  justices,    that  the  said  A,  B,  C,  and  D,  recognize  with 
sureties  to  the  State  of  Connecticut,  each  in  the  sum  of 
dollars,  conditioned,  that  the  said  A,  B,  C,  and  D,  shall  person-, 
ally  appear  before  the  County  Court  to  be  held  at  in  and 

for  county,  on  the         Tuesday  of  A.  D.  to  an- 

swer whatsoever  by  the  States'  Attorney,  for  said  county,  shall 
be  alledged  against  them,  the  said  A,  B,  C,  and  D,  touching  the 
matters  aforesaid,  and  abide  the  order  of  said  Court  in  all  things 
thereon,  and  that  in  the  meantime  the  said  A,  B,  C,  and  D, 
keep  the  peace,  and  be  of  good  behaviour  towards  all  the  citi- 
zens of  this  state,  and  in  particular,  towards  the  saidR.  R. 
and  in  default  of  recognizing  with  sureties,  as  aforesaid,  that 
they  the  said  A,  B,  C,  and  D,  be  committed  to  the  common  gaol 
in  F.  in  said  county,  therein  to  be  held  until  delivered  by 

order  of  law.  And  the  said  A,  B,  C,  and  D,  having  failed  to  re- 
cognize with  sureties  as  aforesaid  ;  these  are,  therefore,  by  au- 
thority of  the  State  of  Connecticut,  to  command  you  forthwith 
to  convey  the  said  A,  B,  C,  and  D,  unto  the  common  gaol  in 
F.  in  said  county,  and  them  there,  together  with  this  war- 

rant, to  deliver  to  the  keeper  thereof,  who  is  hereby  required  to 
receive  the  said  A,  B,  C,  and  D,  into  his  custody  in  said  gaol, 
^nd  them  therein  to  hold,  until  delivered  by  order  of  law. 
Hereof  faii  not. 

Dated  at  this         day  of  A.  D. 

T          R  ? 

j '          j  *  >  Justices  of  the  Peace, 

COMPLAINT. 
yOR  REFUSING  TO  ASSIST  A  SHERIFF  OR  COJYSTJ1, 

BLE  IW  THE  COX  SERF ATIOX  OF  THE  PEACE. 

ToJ.         B.         Esquire,  one  of  the  justices    of  the  peace, 
for  F.         county,  comes  J.          D.         a  grand  juror  of  S. 
in  said  county,  and  complains,  that  on  the        day  of        A.  D. 
there  was  at  S.  aforesaid,  an  unlawful    assembly  of  divers 

persons,  unknown  to    the   said  J.  D.  riotously,   rout- 

ously,  and  tumultuously  assembled  together,  for  the    purpose   of 
assaulting,  beating,  abusing,  and  tarring  and  feathing  R.         R. 
of  said  S.         and  that  E.         V.         sheriff  of  ?aid  county  of 


JUSTICE  OF  THE  PEACE.  119 


Hiot. 


F.  (orJ.  T.  a  constable  of  said  S.  )  then  and 
there  being,  commanded  the  keeping  of  the  peace,  and  in  the 
name  of  the  State  of  Connecticut,  commanded  the  persons  so  as 
aforesaid  unlawfully  assembled  for  the  purpose  aforesaid,  to  dis- 
perse themselves,  and  depart  to  their  respective  habitations,  or 
to  their  lawful  business  ;  and  that  the  said  persons  so  unlawfully 
assembled  as  aforesaid,  for  the  purpose  aforesaid,  notwithstand- 
ing the  command  of  said  sheriff,  as  aforesaid,  and  regardless  of 
the  same,  they,  the  said  persons,  then  and  there  continued  to- 
gether, and  were  proceed  ing  in  the  riotous,  routous,  and  tumul- 
tuous assault,  and  abuse  of  the  said  R.  R.  as  aforesaid, 
when  and  where  the  said  sheriff  commanded  one  G.  F.  a 
pei-son  of  age,  and  ability,  with  many  others  then  and  there 
convened,  to  assist  him,  the  said  sheriff,  in  arresting  th>  persons 
so  unlawfully,  riotously,  routously,  and  tumuituously  assembled, 
and  continued  together  for  the  purpose  aforesaid,  and  that  the 
said  G.  F.  then  and  there  wholly  refused  and  neglected 
to  assist  the  said  sheriff,  as  by  him  commanded,  as  asforesaid, 
against  the  peace,  and  contrary  to  the  form  of  the  statute,  in  such* 
case  made  and  provided. 

Patt-d  at         this         day  of        A.  D. 

J.  D.         <?r«»4  Juror. 


120  JUSTICE  OF  THE  PEACE, 


Slander. 


CHAPTER  XXI. 

SLANDER. 
COMPLAINT, 

FOR  DEFAMING  A  MAGISTRATE. 
To  J.  B.  Esquire,  one  of  the  justices  of  the  peace, 
forF.  county,  comes  J.  D.  a  grand  juror  of  S.  in 
said  county,  and  complains,  that  whereas  the  Honourable  H. 
C.  Esquire,  of  C.  in  the  county  of  N.  L.  is  an 
assistant  and  member  of  the  council  of  this  state,  and  for  more 
than  one  year  last  past,  has  held  that  high  and  honourable  office 
of  assistant  and  counsellor,  as  aforesaid  ;  and  whereas  at  the  ses- 
sion of  the  General  Assembly  of  this  state,  held  at  Hartford,  in 
the  state  aforesaid,  on  the  second  Thursday  of  May,  A.  D. 
1816,  there  was  pending  before  said  Assembly,  a  petition, 
praying  for  the  grant  of  a  brought  by  A.  B.  and 
others:  and  whereas  on  the  trial  of  said  petition,  the  said  Hon- 
ourable H.  C.  voted  that  the  prayer  of  said  petition 
should  (or  should  not)  be  granted.  Afterwards,  to  wit,  on  the 

day  of  A.  D.  at  in  said  county  of  N.  L. 
one  R.  W.  of  said  C.  did  falsely,  maliciously,  and 
scandalously  speak,  utter,  and  publish,  of  and  concerning  the 
said  Honourable  H.  C.  Esquire,  in  the  presence  and 
hearing  of  divers  good  citizens  of  this  state,  these  false,  mali- 
cious, and  scandalous  words,  following  to  wit.  Esquire  C. 
(meaning  the  said  Honourable  H.  C.  Esquire,)  received 
from  the  petitioners  for  said  for  his  vote  given  for  their  grant 
(here  insert  the  sum  or  article  alledged  to  have  been  received) 
meaning,  that  the  said  Honourable  H.  C.  while  acting  as 
assistant  and  counsellor,  as  aforesaid,  and  member  of  said  assem- 
bly, did  receive,  as  a  bribe  for  his  voting  for  the  granting  the 
prayer  of  said  petition,  as  aforesaid,  (here  mention  the  sum  or 
or  article  alledged  to  have  been  received  as  a  bribe,  as  aforesaid) 
against  the  peace,  and  contrary  to  the  statute,  in  such  case  mad© 
and  provided. 

Dated  at         this         day  of        A.  D. 

J.         D.         Grand  Juror- 


JUSTICE  OF  THE  PEACE. 


Slauder. 


The  foregoing  complaint  is  cognizable  by  the  Superior  Covrt,  and 
the  offender,  if  in  the  opinion  of  the  justice,  guilty,  to  be  recognized 
•Kith  sureties  for  his  appearance  before  it,  and  in  default  offiftdins 
suck  sureties,  to  be  committed. 

COMPLAINT  FOR  RESISTING  A  CONSTABLES 

THE  EXECUTION  OF  A  WARRANT. 
To  J.         B.         Esquire,  one  of  the  justices  of  the  peace  foi 
F.  county,  comes  J.         D.         a  grand  juror  of  S. 

in  said  county,  and   complains,   that  Whereas  M.  C.         a 

6onstable  of  said  S.  on  the         day  of  A.  D.         had 

a  warrant  in  his  hands,  signed  by  J.  B.  justice  of  the 
peace,  directed  lo  him  the  said  constable,  him  commanding  to 
arrest  the  body  of  J.  L.  a  soldier  in  the  army  of  the  Unit 
ed  States,  then  stationed  at  S.  aforesaid,  to  answer  to  thr 

complaint  of  one  P.         Q,.         of  said  S.  charging  him  the 

said  J.         L.         with  having  stolen  from  him  the  said  P.     Q. 
one  G.         F.         a  captain  in  the    army  of  the  United  States, 
then  stationed  at  said  S.  with  force  and  arms,  to  wit,  with 

swords,  guns,  and  bayonets,  did  wilfully  resist  the  said  consta- 
ble in  attempting  to  execute  the  warrant  aforesaid^  for  arresting 
thd  said  J.  L.  by  threatening,  beating,  and  wounding 

him,  the  said  constable,  against  the  peace,  and  contrary  to  thr 
form  of  the  statute,  in  such  case  made  and  provided. 
Dated  at,  &c. 

J.          D.         Grand  Juror, 

The  above  complaint  is  eognizable  by  the  County  Court,  to 
which  the  prisoner,  if  in  the  opinion  of  the  jv.ntirp.  trinity,  ?rcvrf 
^c  bound,  nr  committed  to  prison. 


JUSTICE  OF  THE  PEACE. 


CHAPTER  XXH. 

TREASON. 

COMPLAIN1?. 

ToJ.          B.          Es(juirc,  one  oi'lhe  justice's  of  the  peace    for 
the    county    of  F.  com  js  J.  D.  a  grand  juror  of 

S.  in  said  county,  and   complains,  that  on   the          day  of 

A.  D.          G.          F.         of  said  S.  a    pei-son   belongr 

ing  to  this  state,  (or  residing  in  this  state,  and  under  the  protec- 
tion of  its  laws,  as  the  case  may  require,}  at  in  said  coun- 
ty did  with  force  and  arms,  traitorously  levy  war  against  this- 
state,  and  against  the  government  thereof,  and  knowingly  and 
willingly  aid  and  assist  the  then  hc'ing  enemies  of  this 
state,  at  open  war  against  this  state,  by  joining  their  armies,  (or 
by  enlisting,  &c.  pursuing  the  words  of  the  statute,  as  the  case 
may  require,}  against  the  peace,  and  contrary  to  his  allegiance 
and  the  statute,  in  such  case  made  and  provided. 
Dated  at  this  day  of  A.  D. 

J.         D.         Grand  juror. 

MISPKISION  OF  TREASON. 
COMPLAINT. 

To  J.         B.         Esquire,  one  of  the  justices  of  the  peace   for 
•.he  county    ofF.  comes   J.         D.         a  grand  juror  of 

S.  in  said  county,  and  complains,   that  on  the         day  of 

A.    D.         G.         F.         of  said    S.  aforesaid,    with 

force  and  arms,  did  traitorously  endeavour  to  join  himself  to  the 
French  armies,  who  then  and  there  were  enemies  of  this  state,  at 
npen  war  against  the  same,  (or  describe  any  other  particular  in 
the  statute,  as  the  case  may  require,}  against  the  peace  and  the 
allegiance  of  the  saidG.  F.  and  contrary  to  the  statute, 
in  such  case  made  and  provided. 

Dated  at  this  day  of  A.  D. 

J.         D.         Grand  juror 


JUSTICE  OF  THE  PEACE  123 

Inquisition  of  Death. 

CHAPTER  XXIII. 

INQUISITION  ©F  DEATH. 

VENIRE  FACIAS. 

To  either  constable  of  the  town  of  S.  within  F, 

oounty,  Greeting  : 

By  authority  of  tho  State  of  Connecticut,  you  are  hereby 
commanded  forthwith  to  summon  a  jury  of  twelvo  able  and  dis 
creet  men  of  said  S.  to  appear  before  me,  J.  B. 

Esquire,  one  of  the  justices  of  the  peace  for  F.  county,  on 

the         day    of         A.          D.         at         o'clock,    in  the 
noon,  at  the  dwelling  of  (or,  at  a  place  called  )  with- 

in said  town  of  S.  then  and  there  to  enquire  upon  view  of 

thr  body  of  there  lying  dead,   of  the  cause  and  manner 

of  his  death. 

Hereof  fail  not,  and  make  due  return. 

Dated  at  this         day  of         A.  D. 

J.         B.         Justice  of  the  Peace. 

JUROR'S  OATH. 

You  swear,  that  you  will  diligently  enquire,  and  true  present- 
ment make  in  behalf  of  this  state,  how,  and  in  what  manner 
A  B.  here  lying  dead,  came  to  his  death  ;  and  that  you 

will  deliver  up  to  the  next  assistant,  or  justice  of  the  peace,  a 
true  verdict  thereof,  according  to  such  evidence  as  shall  be  giv- 
en you,  and  according  to  your  knowledge  ;  so  help  your  God. 

CHARGE  TO  THE  JURY,  BY  THE  JUSTICE. 
Gentlemen  of  the  Jury, 

In    proceeding  on  the    inquest  for 

which  you  are  sworn,  you  will  enquire  of  the  death  of  the  per- 
son now  lying  dead  before  you,  whether  lie  died  of  felony,  or 
mischance,  or  accident  ;  and  if  of  felony,  whether  of  his  own  or 
of  Another's  ;  and  if  of  another's,  who  was  the  felon,  and  who 
were  the  accessaries  :  with  what  instrument  it  was  committed, 


!24  JUSTICE  OF  THE  PEACE. 

Inouisitnn  of  Doath. 

.md  the  circumstances  attending  il  ;  and  if  by  mischance,  or 
accident,  whether  by  the  act  of  men,  and  whether  by  blow,  fall, 
!troke,  or  otherwise  :  and  if  by  falling  through,  or  from  a  bridge, 
whether  the  same  was  out  of  repair,  and  in  what  town  ;  you  will 
also  enquire  of  the  presons  who  were  present,  if  any  were  ;  and 
of  the  finders  of  the  body,  his  relations  and  neighbours,  if  known, 
whether  he  was  killed  in  the  same  place  where  he  was  foun,d  : 
:ind  if  elsewhere,  by  whom  ;  and  how  he  was  brought  from 
thence,  and  of  all  circumstances  relating  to  his  death  :  and  if 
he  died  by  his  own  hands,  you  will  enquire  of  the  manner, 
means,  or  instrument  ;  and  of  all  circumstances  concerning  it  : 
;nd  whether  of  sound  mind,  or  insane. 

WITNESSES  OATH. 

You  swear,  that  what  you  shall  testify  concerning  the  matter 
now  in  question,  shall  be  the  truth,  the  whole  truth  and  nothing; 
but  the  truth  ;  so  help  your  God. , 

LVQUISITIOX. 

¥.  county,  ss.  S. 

An  inquisition  takrn  on  the         day  of         A.D.         at  S. 
in  said  county,  before  J.         B.          Esquire,  one  of  the  justice*- 
ef  the  peace  for  said   county  of  F.  upon   the  view  of  the 

body  of  A.  B.  there  lying  dead,  by  the  oaths  of  a  jun 
of  twelve  able  and  discreet  men,  of  said  S.  who  being  sworn 

and  charged  to  enquire  for  the  state,  when,  ho',v,  and  by  whaf 
means  the  said  A.  B.  came  to  his  death,  upon  their  oaths, 
do  say  the  said  A.  B.  came  to  his  death  by  mischance, 
by  falling  through  a  bridge  in  said  S.  over  a  river  called 

which  bridge  was  out  of  repair,  and  ruinous,  and  by  reas- 
on thereof  the  said  A.  B.  by  mischance,  on  the  day 
of  A.  D.  fell  through  the  said  bridge  into  the  said  river, 
in  S.  aforesaid  ;  and  was  then  and  there,  by  reason  there- 

of, drowned.  And  so  the  said  jurors,  upon  their  oaths  afore- 
said, do  say,  that  the  said  A.  B.  in  manner  aforesaid, 
f*zra<:  to  his  J«ath  by  mischance,  and  accident.  In  wiiuesi- 


JUSTICE  OF  THE  PEACE. 


Inquisition  of  Death. 


whereof  the  said  jurors  have  severally  hereunto  set  their  hands., 
the  day  and  year  first  mentioned. 

L.         M. 

N.         O.         &c. 
J.         B.         Jufiice  of  the  Peace. 

(If  the  death  was  occasioned  innocently,  by  the  hqnds  of  anoth- 
er person,    the  inquisition   after  having  stated   the  manner  of  the 
death,  must  conclude  </w.s,)  The  jurors  aforesaid  upon  their  oaths 
aforesaid,  say,  that  the  said  G.         F.         the  said  J.         D. 
by  misfortune,  and  contrary  to  the  will  of  the  said  G.         F. 
in  manner  and  form  aforesaid,  did  kill  and  slay. 

(ffit  appears  to  be  self-murder,  the  inquisition  after  having  dts~ 
Bribed  the  manner  of  the  death,  must  conclude  thus)  And  the  ju- 
rors aforesaid,  upon  their  oaths  aforesaid,  do  say,  that  the  said 
J.  D.  in  manner  and  form  aforesaid,  then  and  there  vol- 
untarily and  feloniously,  as  a  felon  of  himself,  did  kill  and  mur- 
der himself,  against  the  peace,  in  witness  whereof,  &c. 

(If  it  appears  that  the  deceased  -fas  >;\urdered  by  a  penu.:* 
known,  after  stating  Tiotr,  when,  where,  and  by  what  means,  wiik 
•yhat  instrument  he  was  killed,  the  iiirjuisitionmust  conclude  thus}. 
And  the  jurors  aforesaid,  upon  their  oaths  aforesaid,  du  say,  tha^ 
the  said  G.  F.  in  manner  and  form  aforesaid,  him  the 
said  J.  D.  then  and  there  of  his  malice  aforethought, 

with  force  rnd  stronghand,  did  kill  and  murder,  against  the 
peace,  and  contrary  to  the  laws  of  the  state,  in  such  case  made 
and  provided.  In  witness  whereof  the  said  jurors  have  hereunto 
respectively  set  their  hands  the  day  and  year  above  said. 

U         M. 

:;.      o.      &c. 

J  .         B  .         /  ;  !  <i  ice  of  the  Pea  ce  . 

NOTE.  —  Ic  the  absence  of  an  ass:.;;-,,..  or  justice  of  the  peace, 
t  constable  may,  ex-qfficio,  sumnv  and  administer  to 

them  the  oath  of  in([uest,  on  which  thr-v  »nav  proceed  in  the  en- 
quiry, and  prc5e:it  their  verdict  to  tice  of  the  peace, 

or  assistant,  after  cornl^tc;!. 


126  JUSTICE  OF  THE  PEACE. 


<'ivil  Jurisdiction. 


BOOK  11. 


CIVIL  JURISDICTION. 


JL  HOUGH  justices  of  the  peace,  at  the  original  institu- 
tion of  the  office,  and  for  a  long  time  after,  had  only  criminal  ju- 
risdiction, yet,  at  an  early  period  in  the  government  of  this 
State,  they  became  invested  with  authority  for  the  trial  of  civil 
cases,  and  in  that  respect,  to  be  placed  in  the  rank  with  assist- 
ants. At  what  time  the  clause  in  the  commission  conferring  civil 
powers,  was  introduced,  I  have  not  been  able  to  ascertain  ;  but 
as  it  is  not  in  the  English  commission,  it  must,  most  probably, 
have  been  inserted  about  the  time,  when  by  statutes,  their  au- 
throity  was  extended  to  civil  actions.  It  seems,  that  the  first 
statute  mentioning  the  commission  of  justices  of  the  peace,  bears 
date  in  1711.  The  statute  which  gives  to  a  commissioner,  or 
justice  of  the  peace,  the  same  power  as  an  assistant,  in  the  trial 
of  civil  cases,  was  enacted  in  1702.  It  is,  therefore,  probable, 
that  in  171 1,  the  commission  took  its  present  form,  assigning 
each  one  to  hear  and  determine  all  causes,  matters,  and  things, 
civil  and  criminal,  which  any  one  assistant  hath,  or  may  have, 
power  by  law,  to  hear  and  determine.  Though  by  the  act  of 
J702,  a  commissioner  might  hear  and  determine  causes  of  the 
value  of  forty  shillings,  yet  his  decision  was,  in  all  cases,  sub- 
ject to  review  by  the  County  Court,  on  an  appeal  taken  by  the 
party  aggrieved.  In  1717,  the  right  of  appeal,  in  cases  not  ec- 
feeding  ten  shillings  in  value,  was  abolished.  Between  that 


JUSTICE  OF  THE  PEACE.  127 

t.ivil  Jurisdiction. 

period,  and  the  year  1795,  various  alterations  in  their  jurisdic- 
tion were  made,  by  different  statutes.  In  the  revision,  in  the 
year  last  mentioned,  it  was  enacted  that  all  causes  wherein 
the  title  of  land  is  not  concerned,  and  wherein  the  debt, 
trespass,  damage,  or  other  matter  in  demand,  does  not  exceed 
fifteen  dollars,  or,  if  the  action  be  on  bond  or  note,  given  for  the 
payment  of  money,  or  bills  of  credit,  or  by  vouched,  (witnessed) 
by  two  witnesses,  where  the  sum  demanded  does  not  exceed 
thirty-five  dollars,  shall,  and  may  be  heard  and  determined  by 
any  one  assistant,  or  justice  of  the  peace,  according  to  law.  It 
was,  however,  provided,  that  where  the  demand  exceeds  seven 
dollars,  except  in  action  on  bond  and  note,  for  the  payment  of 
money,  or  bills  of  credit,  and  witnessed  by  two  witnesses,  as 
mentioned  above,  an  appeal  to  the  County  Court  shall  be  allow- 
ed.(a)  In  action?;  of  trespass  committed  upon  real  estate,  if  the 
defendant  confesses  the  fact,  and  justifie?,  on  the  ground  of  title 
in  himself,  or  some  one  by  whose  authority  he  acted,  and  of- 
fers to  recognize  with  one  or  more  sufficient  sureties,  in  a  sum 
not  exceeding  sixty-seven  dollars  to  the  plaintiff,  to  carry  up  the 
auit,  and  pursue  his  pica  before  tho  next  County  Court  in  the 
county  in  which  such  trespass  is  alledged  to  have  been  done,  and 
pay  and  satisfy  all  damages  and  costs  which  by  such  Court  shall 
be  awarded  against  him,  the  justice  cannot  proceed  to  try  the 
cause  but  miist  take  such  recognizance,  and  certify  the  process 
and  record  of  such  plea,  up  to  such  court.(6)  If  on  the  trial  of  an 
action  of  book  debt,  the  justice  finds  that  instead  of  any  thing 
being  due  to  the  plantiff,  he  is  indebted  to  the  defendant  in  a 
balance  of  more  than  fifteen  dollars,  he  must  find  the  defendant 
owes  nothing,  and  that  he  recover  his  cost,  but  if  such  balance  in 
favor  of  the  defendant  do  not  exceed  that  sum,  the  judgment 
must  be,  after  a  finding  of  the  facts,  that  the  defendant  recover 
such  balance  with  his  costs. (c)  And  as  a  similar  recovery  may 
be  had  by  the  defendant  in  an  action  of  account  against  him,  as 
bailiff  and  receiver,  so  it  would  seem  that  if  such  balance  in  fa- 
vour of  the  defendent  exceeds  fifteen  dollars,  the  justice  ought  to 

(a)  1  Statute,  32,  33.        .  (7>)  Ibid.  «6?. 

(c)  Ibid.  10?. 


JUSTICE  OF  THE  PEACL. 


Civil  Jurisdiction. 


find  that  he  is  not  in  arrear,  and  award  him  his  cost.  To  ^ive 
jurisdiction  to  a  particular  justice  of  the  peace,  in  civil  actions, 
one  of  the  parties  must  be  a  resident  in  the  town  wherein  he 
dwells;  if  either  be  a  resident  in  the  state  at  the  commmeDce- 
ment  of  the  action.  If  neither  resides  in  the  state,  the  ^fKion 
must  be  brought  before  a  justice  in  the  town  wherein  either  the 
•iofendant«  or  his  property,  is  attached: 


JUSTICE  OF  THE  PEACE.  129 


Book  Debt. 


CHAPTER  1. 

SECT.  I. 

ACTIONS  O./V  CONTRACTS. 

Form  of  writ  and  declaration,  where  Executor  sues. 

To  the  sheriff  of  the  county  of  F.         his  deputy.,  or  either  oi 
the  constables  of  the  town  ofS.       within  said  county,  Greeting  : 

By  authority  of  the  State   of  Connecticut,   you    are  hereby 
commanded  to  summon  J.          D.  of  said  S.  to    appear 

before  J.         B.         Esquire,  a  justice  of  the  peace   for   F. 
county,  oh  the         day  of        A.  t).          at  o'clock,  in  tht- 

noon  at  his  dwelling  house,  in  said  S.  then  and  there,  to 
answer  unto  R.  R.  of  Executor  of  the  last  will  and 
testament  of  L.  M.  late  of  deceased,  and  in  that 
Behalf  sues,  in  a  Plea,  that  to  the  plaintiff  the  defendant  render 
the  sum  of  which  to  the  said  L.  M.  while  living* 
and  at  the  time  of  his  death,  the  defendant  justly  owed  to  him 
by  book,  to  balance  book  accounts,  which  by  the  book  of  the 
said  L.  M.  ready  in  court  to  be  produced  appears  j  and 
which  debt  has  never  been  paid  either  to  the  said  L.  M. 
in  his  life-time,  or  to  the  plantiff  since  the  death  of  the  said 
L.  M.  but  by  the  deferident  is  still  unjustly  withheld  and 
detained,  (though  often  requested  and  demanded)  to  the  damage 
of  the  plantiff,  as  executor  aforesaid,  the  sum  of  dollars; 

and  to  recover  the  same,  and  cost,  the  plaintiff  brings  this  suit, 
liereoffail  not,  and  of  this  writ  and  your  doings  thereon,  make- 
due  return. 

Dated  at         this         day  of         A.  D. 

The  state  duty  of  seventeen  cents  is  paid  hereon. 

J.         B.         Justice  of  the  PebC£ 

/''or  return,  .tfp.  form  in  Complete  Constablt-. 
17 


JUSTICE  OF  THE  PEACE. 


Book  Debt. 


PLEA. 

county,  ss. 

On  this  day  of  A.  D.  the  defendant  comes 
into  court  and  defends,  pleads,  and  says,  that  he  did  not  owe  the 
said  L.  M.  ivhU<i  liring.  nor  at  the  time  of  his  death,  in 
manner  and  form  as  in  the  plaintiff's  declaration,  is  alledged  ;  and 
hereof  puts  himsclt  on  trial.  J.  D. 

^nJ  the  plaintiff,  likewise.  R.          H. 

RECQR  D. 

F.  tOililly,    i'S. 

At  a  court  held  on  the  day  of  A.  D.  at  S.  in 
V.  county,  before  J.  B.  Esquire,  one  of  the  justices 
of  ihe  peace  for  said  county,  K.  K.  of  said  S.  as  ex- 
ecutor of  the  last  will  and  testament  of  L.  M.  late  of  de- 
ceased, plaintiff  against  J.  D.  ofS.  aforesaid  in  an 
»ction  of  book  debt,  for  that  th.e  defendant  in  the  life  time  and  at 
the'  time  of  the  death  of  the  said  L.  M.  justly  owed  to 
him  by  book  the  sum  of  to  balance  book  accounts  ;  and 
that  said  debt  hath  never  been  paid  either  to  the  said  L;  M. 
in  his  life  lime,  or  to  the  plaintiff^  since  the  death  of  the  said  L. 
M.  though  often  requested  and  demanded,  and  is  yet  by  the 
defendant  unjustly  withheld,  and  detained,  to  the  damage  of  the 
plaintiff,  as  executor  aforesaid,  the  sum  of  dollars.  And 

the  defendant  defends,  pleads*  and  says,  that  he  did  not  owe  the 
:?aid  L.  M.  in  his  life  time,  nor  at  the  time  of  his  death, 
in  manner  and  form  as  is  in  the  plaintiff's  declaration  alledged, 
and  thereof  puts  himself  on  trial  ;  and  the  plaintiff  doth  the  like. 
Having  fully  examined  the  accounts  and  heard  the  evidence  ad- 
duced, and  arguments  urged,  by  the  parties,  I  the  said  justice 
B.  do  find  that  the  defendant  did  owe  the  said  L.  M. 
in  his  life  lime,  and  at  the  time  of  his  death,  the  sum  of  and 
halh  since  withheld  and  detained  the  same  from  the  plaintiff,  in 
manner  and  form,  as  is  in  his  decleration  alledged  ;  whereupon 
it  is  considered,  by  me,  the  said  justice  B.  that  the  plaintiff, 
as  executor  aforesaid,  recover  of  the  defendant  the  sum  cf 
dollars  and  cents,  damages,  and  his  cost,  taxed  at 


JUSTICE  OF  THE  PEACE 


Hook  Debt. 


dollars  and         cents,  and  that  execution  issue    therefor  accord 

ingly. 

J.         B.         Justice  of  the  Peace. 

FORM  OF  Jl  WRIT   AMD  DECLARATION    WHERl. 
ADMINISTRATOR  IS  SUED. 

To  the  sheriff'  of  the"  county  of  F.  his  deputy,  or  either 

pf  the  constables  of  S.  within  said  county,  Greeting  ; 

By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded to  summon  J.          D.         of  said  S.  administrator 

on  the  estate  of  L.          M.         late  of  deceased,  to  appear 

before  J.  B.  Esquire,  one  of  the  justices  of  the  peace, 
ibr  F.  county,  on  the  day  of  A.  D.  at 

o'clock  in  the         noon,  at  his  dwelling  house  in  in 

.aid  county,  then  and  there  to  answer  unto  R.  Ri  oi 
aforesaid,  in  a  plea  that  to  the  plainti|f  the  defendant  render  the 
sum  of  dollars,  which  to  the  plaintiff  the  said  L.  M, 
in  his  life  time,  and  at  the  time  of  his  death,  justly  owed  by  book, 
to  balance  book  accounts,  as  by  the  plaintiff's  book  ready  i;; 
court  to  be  produced,  appears,  which  debt  hath  never  been  puid, 
either  by  the  said  L.  M.  in  his  life  lime,  or  by  the  de- 
fendant since,  but  is  by  him  still  unjustly  withheld  and  detained, 
though  often  requested  and  demanded,  to  the  damage  of  the 
plaintiff  the  sum  of  dollars  ;  to  recover  the  same  with  cost 
this  suit  is  brought.  Hereof  fail  not  ;  of  this  writ  and  your  dor 
ings  thereon  due  return  make. 

Dated  at  this         day  of  A.  D. 

The  state  duty  of  seventeen  cents  is  paid  hereon. 

J.         B.         Justice  of  the  Peace. 

PLEA. 

F.  county,  ss.  S.  R.         R.         of  againsi 

J.         D.         of  administrator  qn  the  estate  of  L.       M. 

late  of  said  deceased,  on  this         day  of  A.  D. 

the  defendant  comes  into  court,  and  defends,  pleads,  and  says, 
that  the  said  L.  M.  did  not  in  his  life  time,  and  at  the 
lime  of  his  death,  owe  to  the  plaintiff,  nor  hath  the  defendant 
since  detained  from  him,  as  in  tbe  plaintiff's  declaration  is  al- 
iedged.  And  hereof  the  defendant  puts  himself  on  trial. 

J.         D. 
And  the  plaintiff  likewise.  R.         R 


JUSTICE  OF  THE  PEACE. 


Book  Debt. 


RECORD. 

F.  county,  ss.  S. 

At  a  court  held  on  the         day  of  A.  D.         at  S. 

•m  F.  county,  before  me  J.         B.         Esquire,  one  of  the 

justices  of  the  peace  for  said  county,  R.         R.         of  said 
against  J.         D.         of  administrator  on  the  estate  of  L. 

M.          late  of  deceased,    in  an  action  of  book  debt,    for 

that  the  said  L.  M.  in  his  life  time,  and  at  the  time  of 
his  death,  justly  owed  to  the  plaintiff  by  book  the  sum  of 
dollars,  to  ballance  book  accounts,  which  debt  hath  never  been 
paid,  either  by  the  said  L.  M.  in  his  life  time,  nor  by  the 
defendant  since,  but  by  him  is  still  unjustly  withheld  and  detain- 
ed, though  often  lequested  and  demanded,  to  the  damage  of  the 
plaintiff  the  sum  of  dollars.  And  the  defendant  defends, 

pleads,  and  says,  that  the  said  L.  M.  did  not  in  his  life 
time,  and  at  the  time  of  his  death,  owe  to  the  plaintiff,  nor  hath 
the  defendant  since  detained  from  him  in  manner  and  form,  as  is 
:n  the  plaintiff's  declaration  alledged,  and  thereof  puts  himself  on 
'rial,  and  the  plaintiff  doth  the  like.  Having  fully  examined  the 
accounts,  and  heard  the  evidence  adduced,  and  arguments  urged 
by  the  parties,  I  the  said  justice  B.  do  find  that  the  said  L. 
HI.  did  in  his  life  time,  and  at  the  time  of  his  death,  owe  the 
plaintiff,  and  that  the  defendant  hath  since  withheld  and  detain- 
ed from  the  plaintiff,  the  sum  of  as  is  in  his  declaration  al 

ledged  ;  whereupon  it  is  considered  by  me,  the  said  justice  B. 
that  the  plaintiff  recover  of  the  estate  of  the  said  L.         M. 
in  the  hands  of  the  defendant,  the  sum  of  dollars,  and 

cents,  damages,  with  his  cost  taxed  at         dollars,  and         cents, 
and  that  execution  issue  therefor  accordingly. 

J.         B.         Justice  of  the  Peace. 

EXECUTI&W, 

To  the  sheriiY  of  the  county  of  F.  his  deputy,  or  eithe; 

of  the  constables  of  the  town  of  S.  within  said  county, 

Greeting  : 

Whereas  R.  II,  of  aforesaid,  recovered  judg- 

ment against  the  estate  of  L.  M.  late  of  said  S.  in 

*be  hands  ofJ.  D,  administrator  thereof,  before  me  J. 


JUSTICE  OF  THE  PEACE. 


Book  Debt. 


B.       Esquire,  one  of  the  justices  of  the  peace  for  F.  county, 

on  the          day  of         A.  D.  for  the  sum  of         dollars,  and 

cents,  damages,  and  for  the  sum  of  dollars,  and  cents, 
costs  of  suit,  as  appears  of  record.  Whereof  execution  remains 
to  be  done. 

These  are,  therefore,  by  authority  of  the  State  of  Connecticut, 
to  command  you  that  of  the  money,  goods,  and  chattels  of  the 
^aid  L.  M.  deceased,  in  the  hands  of  the  said  J.  D. 
to  be  by  him  shown  to  you,  within  your  precincts,  you  cause  to 
be  levied,  and  paid  and  satisfied  unto  the  said  It.  R.  the 
aforesaid  sums,  being  dollars,  and  cents,  in  the  whole, 
with  seventeen  cents  more  for  this  writ,  together  with  yourown. 
fees.  Hereof  fail  not,  and  make  due  return  of  this  writ,  with 
your  doings,  within  sixty  days  next  coming. 

Paled  at  this         day  of  A.  D. 

J.         B.         Justice  of  the  Peace, 

NOTE. — Though,  according  to  the  present  practice  in  this  slate, 
an  execution  issued  on  a  judgment  rendered,  in  a  suit  against  an 
administrator  or  executor,    contains  a  command   to  the  officer  to 
levy  the  amount  of  the  goods  and  chattels  of  the  deceased  in  the 
hands  of  the  administrator,  yet  it   is  nothing  more  than  a  com- 
mand  to  the  officer   to  make  demand  upon  the  administrator 
the  money,   who^by  a  refusal  of  payment,   subjects   himself  to '&^Z.  ^ 
an  execution  to  be  issued  in  common  form  against  him,  wlieuev-        '  ' 
er  a  sirefacias  shall  be  brought,  and  judgment  therein  rendered, 
unless  in  the  mean  time  he  represents  the  estate  insolvent,  which 
immediately  palsies  all  proceedings  under  the  first  judgment. 

FORM  OF  WRIT  AND  DECLARATION,  MERCHANTS 
IN  COMPANY,  AGAINST  MERCHANTS  IN  COM- 
PANY, BY  ATTACHMENT 

To  the  Sheriff  &c.  Greeting  : 

By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded to  attach  the  goods  or  estate  of  A,  B.  and  C,  all  of 
in  the  county  of  merchants   in  company,  under  the  name 

and    firm   of  A.  and  Co.  (or  any  other  na, -•:?,    as   ike  case  may 
be]  to  the  value  oi'        dollars,  and  for  want  thereof  to  take  their 


J34  JUSTICE  OF  THE  PEACE. 

Account. 

bodies,  and  them  have  to  appear  before  J '.  B.  Esquire, 
one  of  the  justices  of  the  peace  for  F.  county,  on  the 

clay  of  A.  D.  at  o'clock  in  the  noon,  at  his  dwel- 
ling house  in  said  then  and  there  to  answer  unto  D,  E,  and 
F,  all  of  merchants  in  company,  under  the  name  ot  (here 
set  the  company  name,}  in  a  pica,  that  to  the  plaintiffs  the  defend- 
ants render  the  sum  of  dollars,  which  to  the  plaintiffs  the  de- 
fendants owe  by  book,  tq  balance  book  accounts,  as  by  the  plain- 
tills  book  ready  in  court  to  be  produced  appears,  which  debt 
'-iath  never  been  paid,  though  often  requested  and  demanded  ; 
to  the  damage  of  the  plaintiffs  the  sum  of  dollars,  and  for  the 
recovery  thereof,  with  cost,  this  suit  is  brought.  Hereof  fail  not, 
and  of  this  writ  -ind  your  doings  thereon,  due  return  make. 

Dated  at  this         day  of         A.  D. 

The  state  duty  of  seventeen  cents,  is  paid  hereon,  and  A,  one 
of  the  plaintiffs  recognized  in  $  for  prosecution,  &c.  be- 

fore  me 

J.         B.         Justice  of  the  Peace., 

SECT.  II. 

ACCOUNT. 

By  two  surviving  partners,  plaintiffs,  against  one  surviving 
partner,  defendent,  by  attachment,  whose  body^s  privileged  from 
nrrest. 

WARRANT. 

To  the  sheriff,  &c.  Greeting  : 

By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded to  attach  the  goods  or  estate  of  A.  only  surviving  part- 
ner of  the  late  firm  of  A,  and  B.  late  merchants  in  company, 
trading  and  merchandizing  at  under  the  name,ef  A,  and 

Co.  to  the  value  of  thirty  dollars,  and  summon  thv  said  A,  to  ap- 
pear before  J.         B.         Esquire,  justice  of  the  peace  for 
County,  on  the         day   of        A.  D.         at         o'clock,  in  the 
noon,  at  his  dwelling  house  in   said  then  and  there 

10  answer  untoC,  and  D,  both  of  only   surviving  partners 

of  the  late  firm  of  C,  D,  and  E,  l^te  merchants  in  company  trad,- 


JUSTICE  OF  THE  PEACE.  135 

Account. 

ing  and  merchandizing  at  under  the  name  and  firm  of  C,  D, 

and  Co.  in  a  plea,  that  to  the  plaintiffs  the  defendant  render  his 
reasonable  account  for  the  time  the  said  A,  and  Co,  were  bailiffs 
of  the  said  C,  D,  and  Co,  and  receivers  of  their  monies,  goods, 
rind  chattels  ;  whereupon  the  plaintiffs  declare,  and  say,  that  on 
or  about  the  day  of  A.  D.  at  aforesaid,  the 

said  A,  and  Co,  were  owners  of  the  sloop  M ,  of  under 

the  care  of  L.         M.         as  master  thereof,  by  the  said   A,  and 

Co.  to  that  station  appointed,  and  which  said  sloop  M ,  was 

then  and  there  by  the  said  A.  and  Co.  kept,  used,  and  employed 
as  a  packet,  and  market  boat,  for  the  purpose  of  transporting 
passengers  and  goods,  from  said  to  and  back  again, 

to  »aid  constantly  and  regularly  plying  between  the  said 

and  the  said  for  the  purpose  and  in  the  use  and  em- 

ployment aforesaid,  for  the  sole  benefit  snd  profit  of  the  said  A, 
and  Co.  And  that  OB  the  day  01  A.  D.  at  afore- 
said, the  said  C,  D,  and  Co.  did  put  on  board  of  said  sloop  one 
hundred  dozen  of  good  hen's  eggs,  to  be  transported  to 
and  there  sold  to  the  best  advantage  ;  which  eu'gs  were  then  and 
there  received  by  tiie  said  A,  and  Co.  i  j  manner  aforesaid,  to  be 
by  them  transported  to  and  there  sold;  and  to  render  their 

i  reasonable  account  thereof  to  the  said  C,  U,  and  Co.  when  re- 
quested. And  the  plaintiffs  aver,  that  according  to  the  course 
of  business,  as  carried  on  by  the  said  A,  and  Co.  in  their  said 
vessel;  the  master  thereof  acted  as  the  merchant,  or  factor,  in 
jelling  all  articles  for  that  purpose,  sent  in  said  vessel,  from  said 

to  said  the  said  A,  and  Co.  receiving   the  profits  of 

ireight  on  the  articles  transported,  together  with  a  commission 
of  per  cent,  on  the  amount  of  articles  sn  rol-.l  by  the  master 
for  the  time  being  of  their  saH  vessel.  Vet  the  plaintiffs  say, 
that  the  said  A,  and  Co.  during  the  life  of  the  said  B.  did 

not,  nor  did  either  of  them,  nor  hath  the  said  A.  since  the 
death  of  the  said  B.  ever  made  arty  return,  or  rendered  any 
account  to  the  said  C,  D,  and  Co.  daring  the  life  time  of  the  said 
E.  or  to  the  plaintiffs  since  the  said  E's.  death,  of  tlio  said 
one  hundred  dozen  of  good  hen's  eggs,  or  any  part  of  them, 
Though  often  requested  and  demanded  ;  to  the  damage  of  the 
plaintiff^  the  =um  of  fifteen  cJnlUra  •  Trhsrpfore  the  plaintiff^ 


136  JUSTICE  OF  THE  PEACE, 


bring  this  suit,  and  demand  of  (he  defendant  his  reasonable  ac- 
count as  aforesaid,  together  with  said  damages,  and  just  cost/ 
Hereof  fail  not,  an  1  of  this  writ  due  return  make. 

Dated  at  this         day  of  A.  D. 

The  state  duty  of  .seventeen  cents,  is  paid  hcreon,  and  C. 
one  of  the  plaintiffs,  recognized  in  $  prosecution,  &c.  be- 

fore me. 

J.         B.         Just  ice  of  the  Peace, 

RETURN. 

F.  county,  ss. 

On  this  day  of  I,  by  virtue  of  the  within  writ, 

attached  one  horse,  as  the  property  of  Ihe  within  named  defend- 
ant, and  read  this  writ  in  his  hearing,  as  I  am  within  required. 
Attest.  M.         G.         Constable. 

Fees. 

Travel  to  make  service  miles,  '  $ 

Attaching  property, 
Summoning  defendant, 
Travel  to  return  writ. 


PLEA. 

F.  county,  ss.  S..  C,  D,  &  Co.  against  A.  &  Co. 

On  this  day  of  A.  D.  the  defendant  comes 

into  court,  and  defends,  pleads,  and  says,  that  the'said  A,  &  B, 
never  were  bailiffs  to  the  said  C,  D,  &  E,  nor  received  of  their 
monies,  goods,  or  chattels,  in  manner  and  form,  as  in  the  plain- 
tiff's declaration  is  alledged,  and  hereof  puts  himself  on  trial. 

A. 
And  the  plaintiffs  likewise.  G.  &  D. 

RECORD. 

F\  county,  sr. 

At  a  court  held  on  the          day  of  A.  D.         at  fc>. 

in  the  county  of  F.    .         before  me,  J.         B.  Esquire,  one 

of  the  justices  of  the  peace  for  said  county,  C,  &  D,  of  only 
surviving  partners  of  the  late  firm  of  C.  D,  &  E,  late  merchant 


JUSTICE  OF  THE  PEACE. 


Account. 


in  company,  trading  and  merchandizing,  under  the  name  and 
firm  of  C,  D,  &.  Co.  at  against.  A.  only  surviving 

partner  of  the  late  firm  of  A,  &B,  late  merchants  in  com- 
pany, trading  and  merchandizing  under  the  name  and  firm  oi 
A,  &  Co.  at  iu  said  county,  in  an  action  of  account,, 

for  that  on  or  about  the  day  of  A.  D.  the  said 

A,  &  Co.  were  owners  of  the  sloop  M  -  ,  of  under  the 

care  of  one  L.         M.  as  master  thereof,  by  the  said  A,  & 

Co.  to  that  station  appointed,  and  which  said  sloop  M  -  ,  was 
then  and  there  by  the  said  A,  &  Co.  kept,  used,  and  employed 
as  a  packet,  for  the  purpose  of  transporting  passengers  and  goods 
from  said  to  and  back  again  to  aforesaid, 

constantly   and  regularly  plying    between  said  and  said 

for  the  purpose  and  in  the  use  and  employment  afore- 
said, for  the  sole  benefit  and  profit  of  the  said  A,  &  Co.  And 
that  on  the  day  of  A.  D.  at  aforesaid, 

the  said  C,  D,  &,  Co.  did  put  on  board  of  the  said  sloop,  and  de- 
liver into  the  care  of  the  said  L.  M.  as  master  of  said 

sloop,  one  hundred  dozen  of  good  hen's  eggs,  to  be  transported 
to  and  there  sold  to  the  best  advantage  ;  which  eggs  were 
then  and  there  received  by  the  said  A,  &  Co.  in  manner  afore- 
said, to  be  by  them  sold,  and  their  reasonable  account  thereof  to 
render  unto  the  said  C.  D.  &  Co.  when  requested.  And  that 
according  to  the  course  of  business  as  carried  on  by  the  said  A, 
&L  Co.  in  their  said  vessel,  the  master  thereof  acted  as  merchant, 
and  factor,  in  selling  all  articles  for  that  purpose,  sent  in  said 
vessel,  from  said  to  aforesaid  ;  the  said  A.  &  Co.  receiving 
the  profits  of  freight,  together  with  a  commission  of  per  cent 
on  the  articles  so  sold  by  the  master,  for  the  time  being,  of  their 
said  vessel.  And  that  the  said  A.  &  Co.  did  not,  nor  did  cither 
of  them,  during  the  lifetime  of  said  B.  nor  hath  the  said  A. 

since  the  death  of  said  B.  ever  made  any  return,  or  render- 
ed any  account  to  the  said  C.  D.  &  Co.  during  the  life  time  of 
said  E.  nor  to  the  plaintiffs  since  the  said  E.s'  death,  of  the 
said  one  dundred  dozen  of  eggs,  or  any  part  thereof,  though  ol 
ten  requested  and  demanded,  to  the  plaintiffs  damage  fifteen  dol- 
lars ;  wherefore  the  plaintiffs  bring  this  suit,  and  demand  of  the 
defendant  his  reasonable  account,  as  aforesaid,  tocrrthfr  with 


JUSTICE  OF  THE  PEACE 


Account. 


said  damages  and  cost:;,  and  the  defendant  comes  and  defends, 
pleads,  and  says,  that  the  sard  A.  &,  B.  never  were  bailiffs  of  the 
said  C.  D.  fc  E.  nor  receivers  of  their  monies,  goods,  and  chat- 
tels, in  ir.inner  and  form,  as  is  in  their  declaration  allcdgcd,  ant*. 
therof  puts  himself  on  trial  :  and  the  plaintiffs  likewise. 

Having  fully  heard  the  evidence  adduced,  and  the  arguments 
urged  by  the  parties,  I  the  said  justice  B.  do  find  that  the 
said  A.  4*  B.  were  bailiffs  to  the  said  C.  D.  fc  K.  and  receiv- 
ers of  their  monies,  goods,  and  chattels,  in  manner  snd  form. 
as  in  said  declaration  is  alledged,  whereupon  it  is  considered 
by  this  court  that  the  defendant  ren.Ier  his  reasonable  account. 
as  demanded  in  said  declaration.  And  having  examined  and 
adjusted  the  accounts  between  the  parties,  I  the  said  justice  B. 
do  further  find  that  the  defendant,  as  surviving  partner  as  afore- 
said, is  in  arrearto  the  plaintiffs  as  surviving  partners  as  afore- 
said, in  the  sum  of  dollars  and  cents.  Whereupon  it  is 
further  considered  by  this  court,  that  the  plaintiffs  recover  of  the 
defendant  the  sum  of  damages,  together  with  their  costs. 
taxed  at  and  llut  execution  issue  therefor  accordingly. 

From  which  judgment  the  defendant   moves  an  appeal  to  the 
C,         C.         to  be  holden  on  the         Tuesday  of  A.  D. 

at  in  said  county,  and  with  R.  R.  of  his  surety, 
recognizes  to  the  plaintiffs  in  the  sum  of  to  prosecute  his  ap- 
peal to  effect,  and  answer  all  damages  to  them,  if  he  rn^e  no- 
his  plea  good,  and  pays  fifty  cents  duty  on  said  appeal  wmfch  a^ 

peal  is  allowed. 

J.         B,         Justice  of  the  Peace. 

FORM  OF  RECOGNIZANCE  ON  APPEAL. 
F.         County  ss.  S. 

Be  it  remembered,  that  on  the         day  of         A.  D.         ar 
in  said  county,  personally  came  before  me,  J.       B.         Esquire. 
one  of  the  justices  of  the  peace,  in  and  for  said  county   of  F. 
A.  of         and  H.     R.     of         and  acknowledged  themselves  U 
be  jointly  and  severally  indebted,  bound,  and  obliged,  unto  C. 
4-  D.         both  of         in  the  sum  of          dollars,  to  be  made  am. 
levied  of  the  goods,  chattels,  and  lands,  of  them  and    either  ol 
them/and  for  want  thereof  upon  their  bodies,  and  either  of  them 
to  the  use  of  the  said  C.  &  D.     if  the    said     A.     perform  no» 
the  condtun  following,  viz. 


JUSTICE  OF  THE  PEACE.  13? 

Assumpsit  on  Note,  &c. 

The  condition  of  this  recognizance  is  such,  that    whereas   thj3 
said    C.   &,    D.    this  day  recovered  judgment   before  rne,  J. 
B.         Esquire,  justice  of  the  peace,  as    aforesaid,    against   the 
?aid    A.   for  the    sum    of  damages,  and  cost  taxed  at 

dollars,  and          cents  from    which   said   judgment    the    said  A. 
moved  an  appeal  to  the  County  Court,  to   be   held  on  the 
Tuesdayof         A.  D.         at         in   and  for  said  county  of 
Now  if  the    defendant    do  enter  his    appeal     at  said  County 
Court,  and  prosecute  the  same  to  effect,  and  do  answer  all  dam- 
ages to  the  plaintiffs,  in  case  he  make  not   his     plea  good,   then 
this  recognizance  is  void,  otherwise   to  remain  in  full    force  ajid 
virtue. 

J.          P».          Justice  of  the  Peace. 

SECT.  III. 
ASSUMPSIT. 

On  note,  surviving  promisee,   plaintiff \  against  surviving  pro, 

misor  defendant,  by  foreign  attachment, 
To  the  sheriff,  Lc.         Greeting  : 

By  authority  of  the  Slatu  of  Connecticut,  you  are  hereby 
commanded  to  attach  the  goods  or  estate  of  A. late  of  in 
the  countv  of  now  absent  and  absconded  to  parts  unknown, 
beyond  the  limits  of  this  slate,  to  the  value  of  dollars,  and 
for  v,  ant  thereof,  to  take  his  body,  (if  he  be  found  within  voiir 
precincts)  and  him  have  to  appear  before  J.  B.  Esquire, 
one  of  the  justices  of  the  peace,  for  F.  county,  at  his  dwelling 
house  in  in  said  county,  on  the  day  of  A.  D.  at 
o'clock  in  the  noon,  then  and  there  to  answer  unto  C. 
of  said  in  a  plea  of  the  case,  whereupon  the  plaintiff  declares, 
and  says,  that  the  defendant  jonlly,  and  with  one  B.  late  of 
said  now  deceased,  in  and  by  their  certain  writing  or  note, 
under  their  hands  by  them  well  executed,  dated  the  day  of 
A-  D-  promised  the  plaintiff  and  one  D.  Jate  of  now 
deceased,  to  pay  to  them,  for  value  received,  the  sum  of  dollar? 
-ind  cents,  with  interest  thereon,  on  demand,  (or  othc.m-isz. 
-is  the  case  mat/  be~)  as  by  said  writing  or  note  ready  in  court  to 
be  shown  appears.  And  the  plaintiff  further  says,  that  the  pro- 
mise of  the  said  A.  and  B.  notwithstanding,  they  did  not. 


140  JUSTICE  OF  THE  PEACE. 

Aesiimpsit  on  Note    <<  c. 

nor  did  either  of  them  ever  pay  said  note,  to  the  said  C.  and  D. 
nor  to  either  of  them,  though  often  requested  and  demanded,  to 
the  damage  of  the  plaintiff  the  sum  of  dollars,  for  which,  with 
just  cost,  he  brings  suit.  Hereof  fail  not,  and  due  return  make. 

Dated  at         this         day  of         A.   D. 
The  state  duty  of  seventeen  cents,  is  paid  hereon,  and   J. 

,  D.  of  recognized  in  the  sum  of  dollars,  for  prosecu- 
tion, &.c.  before  me.  You  are  also  hereby  commanded  to  leave 
a  true  and  attested  copy  of  this  writ,  with  L  M.  of 

in  said  county,  who  is  attorney,  agent,  factor,  trustee,  and  debtor 
to  the  defendant,  or  absent  and  absconding  debtor,  as  aforesaid  : 
and  alike  true  and  attested  copy  of  said  writ,  at  the  usual  place  of 

I  abode  of  the  said  L.  M.  in  said  at  least  fourteen  days 
before  the  day  of  A.  D. 

J.         B.         Justice  of  the  Peace. 

ON  NOTE  GIVEN  BY  MERCHANTS  IN  COMPA'N\\ 
TO  MERCHANTS  IN  COMPANY, 

By  Attachment. 

To  the  sheriff,  &c.  Greeting  :  .  * 

By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded   to  attach    the  goods  or  estate   of  A,  &  B,  merchants  in 
company,    trading  and  merchandizing  under  the  name  and  firm 
of  A,  &  Co.  or  of  either  of  them,  to  the  value  of        dollars,  and 
for  want  thereof,  to  take  their  bodies,  and  them  have  to  appear 
before  J.        B.        Esquire,  one  of  the  justices  of  the  peace  for  F. 
county,  on  the         day  of        A.  D.       at         o'clock  in  the 
noon,    at  his  dwelling  house  in  within  said  county, 

then  and  there  to  answer   unto  C,  D,  &.  E,  all  of  in  said 

county,  merchants  in  company,  trading  and  merchandizing  un- 
der the  name  and  firm  of  C,  D,  &-  Co.  in  a  plea  of  the  case  where- 
upon the  plaintiffs  declare  and  say  that  the  defendants  by  the 
name  of  A,  &  Co.  in  and  by  a  certain  writing  or  note,  under 
their  hand  by  them  well  executed,  dated  the  day  of 
A.  D.  promised  the  plaintiffs  by  the  name  ofC,  D,  &,Co.  to 
pay  to  them,  for  vnlue  received,  the  sum  of  with  interest 

thereon,  six  months  from  date,  as  by  said  writing,  or  note,  ready 
in  court  to  be  shown  appears;  (the  residue  in  common  form.) 


JUSTICE  OF  THE  PEACE.  141 

Assumpsit  on  Note,  i-c. 

HUSBAND   AND    WIFE  AGAINST  HUSBAND  AND 
WIFE, 

On  note  given  by  feme  defendant,  rvhile   sole,    to  feme  plaintiff, 
while  sole. 

Attach  the  goods  or  estate  of  J.         D.         andC.         D. 
his  wile,  both  of  in  said  county,    to  the  value  of,  &c.  t» 

answer  unto  E.  F.  and  B.  F.  his  wife, 

both  of  in  a,  &c.       Whereupon    the    plaintiffs   declare 

and  say,   that   the  said  C.          D.  before  her  intermarriage 

with  the  said  J.         D.          and  while  single,  by  the  name  of  C. 

N.  in  and  by  a  certain  writing  or  note,  under  her  hand,  by 
her  well  executed,  dated  the  day  of  A.  D.  promjs- 

ed  the  said  B.         F.         before  her  intermarriage  with  the  said 
E.         F.         and    while  single,   by  the  name  of  B.         L. 
to  pay  to  her,  for  value  received,  the  sum  of  &c. 

And  the  plaintiffs  further  say,  that  the  said  B.  F.  her 
promise  aforesaid  not  regarding,  never  did,  while  single,  and  be- 
fore her  intermarriage  with  the  said  E.  F.  perform  the 
same,  nor  hath  cither  of  them  performed  said  promise,  since 
their  intermarriage,  though  often  requested  ;  to  the  damage  of 
the  plaintiffs,  &c. 

In  an  action  on  a  note,  payable  in  any  articles  whatsoever,  the 
plaintiff" must  aver,  that  he  -was  at  all  times  ready,  at  the  place 
where  the  articles  were  to  be  delivered,  to  receive  them.  Thus. 
And  the  plaintiff  further  says,  that  the  defendant  his  promise 
aforesaid  not  regarding,  hath  never  performed  the  same,  though 
often  requested  and  demanded,  and  though  the  plaintiff  hath  been 
at  all  times  ready  at  said  to  receive  said  (here  name  the 

articles)  to  the  damage,  &c. 


142  JUSTICE  OF  THE  PEACE. 

Ass':mpsit  Ind.  Ass.  on  Due  Bill. 

SECT.  IV. 

WRIT   AND    DECLARATION,    BY    ONE    TOWN  A- 
GAINST    ANOTHER,  FOR  SUPPORTING  A  PAU- 
PER. 

To  the  Sheriff,  &c.  Greeting  : 

Summon  A.  B.  a  principal  inhabitant,  and  the  rest  of 
the  inhabitants  of  the  town  of  S.  aforesaid,  1o  appear  be- 

fore J.  B.  Esquire,  one  of  the  justices  of  the  peace  for 
said  county,  on  the  day  of  A.  D.  at  o'clock  in 
the  noon,  at  his  dwelling  house  in  M.  in  said  coun- 

ty, then  and  there  to  answer  unto  R.         Pt.         a  principal  in- 
habitant, and  the  rest  of  the  inhabitants  of  the  town  of  D. 
in  said  county,  in   a  plea   of  the  case  wherein  the   plaintiffs  de- 
clare and  say,  that  whereas  on  the         day  of         A.  D.         the 
defendants  were  at  said  D.  indebted  to  the  plaintiffs  in  the 

sum  of  dollars,  for  so  much  money  before  that  time  at  the 
special  instance  and  request  of  the  defendants,  paid,  laid  out, 
and  expended,  in  the  support  of  one  G.  F.  a  pauper  of  said 
S.  who  then  and  there  was  wholly  unable  to  provide  for,, 

and  support  himself,  and  was  wholly  destitute  of  property,  and 
of- all  which  the  defendants  at  said  on  the  day  of 

had  notice,  and  thereupon  became  liable  ;  and  in  consideration 
thereof,  afterwards,  to  wit,  on  the  same  day  and  year  last  afore- 
said, undertook,  and  to  the  plaintiffs  faithfully  promised  to  pay 
to  them  the  said  sum  of  dollars,  whenever  they,  the  de- 

fendants, should  be  afterwards  thereto  requested.  Yet  the  de- 
fendants, their  promise  aforesaid  not  regarding,  have  never  per- 
formed the  same,  though  often  requested  and  demanded ;  and 
especially  on  the  day  of  A.  D.  at  said  S.  but 

slill  unjustly  neglect  and  refuse  to  do  it  to  the  plaintiffs  damage, 
&c. 

NOTE.  The  above  form  of  action  is  believed  to  be  peculiar  to 
New-England.  Corporations  are  said  to  be  aggregate  and  sole. 
They  may  also  be  distinguished  by  personal,  and  real,  as  well 
as  ecclesiastical,  and  civil.  The  New-England  towns  and  par- 
ishes, ecclesiastical  and  school  societies,  and  districts,  are  pro-. 


JUSTICE  OF  THE  PEACE.  143 

Assumpsit  Ind.   Ass.  on  Due  Bi'l. 

perly  real  corporations.  Corporations,  such  as  banking  and  turn- 
pike companies,  &c.  are  personal  ;  the  latter  must  always  sue 
and  be  sued  by  their  corporate  name,  and  the  company  proper- 
ty is  alone  liable  to  execution  for  the  debts  of  the  corporation. 
Not  so  in  the  case  of  actions  against  those  real  corporations,  such 
as  towns,  parishes,  &c.  In  them,  the  individual  members  of  the 
corporations,  sue  and  are  sued  ;  and  the  private  property  ct" 
each,  is  liable  to  be  taken,  to  satisfy  an  execution  against  the 
community.  Herein  (hey  resemble  voluntary  copartnerships. 
Real  corporations,  unlike  to  personal,  cannot  dissolve  themselves. 
by  non  user  of  corporate  powers,  so  as  to  loose  their  corporate 
existence,  and  thereby  be  discharged  from  corporation  debts, 
which  banking  or  other  personal  corporations  can  do.  Thera  is 
another  important  difference  between  thosa  real  and  personal 
corporations  ;  there  may  be  members  of  the  former  who  posses* 
not  the  value  of  a  cent  of  estate,  within  the  limits  of  the  corpo- 
ration, and  are  yet  members  by  mere  inhabiting  within  those- 
limits,  and  subject  to  the  corporation  debts  ;  while  the  mem- 
bers of  personal  corporations  are  never  personally  liable  for  the 
debts  of  the  corporation.  Deprived  of  their  rights,  in  the  cor- 
porate property,  they  are  no  longer  members  of  the  corporation. 
In  the  ODS  case  it  is  in  fact  the  lands  which  an:  incorporated,  and 
in  the  other,  the  person  or  estate  of  the  members,  vested  in  tb*. 
common  company  stock,  or  supposed  to  be  so. 

WRIT  AND  DECLARATION  ON  DUE  BILL. 
To  the  sheriff,  &c.  Greeting: 

By   authority  of,  &.c.  summon  A.         of  &c.  to  appear, 

Sec.  to  answer  unto  B.         of  &.c.  in  a  plea    of  the    case, 

whereupon  the  plaintiff  declares  and  says,  that  on  the  da\ 
of  A.  D.  at  the  defendant  was  indebted  to  thi 

plaintiff  in  the  sum  of  and  then  and  there  made,  executed, 
and  delivered  to  the  plaintiff,  a  certain  writing,  or  due  bill,  r>. 
the  tcnour  following  to  wit,  Due  C.  dollar  ,s  and 

cents,  May  10,  1816.  And  that  by  reason  of  the  premises,  the 
defendant  became  liable,  then  and  there  to  pay  to  the  plaintif," 
the  said  sum  of  and  in  consideration  thereof,  afterwards, 

tr»  \vit.   on  the  sam^          d;tv  of          A.  D.          at  said  UP 


141  JUSTICE  OF  THE  PEACE. 

Assumpsit  lud.  Ass.  on  Due  Bill. 

dertook,  and  faithfully  promised  the  plaintiff,  to  pay  to  him  the 
said  sum  of  whenever  the  defendant  should  be  afterwards 

thereunto  requested  ;  yet  the  defendant,    his  promise   aforesaid 
not  regarding,    has  never  performed  the  same,  though  often  re- 
quested and  demanded  ;  to  the    damage  of  the  plaintiff  the  sum 
of         dollars,  to  recover  which,  and  cost,  this  suit  is  brought. 
Hereof  fail  not,  &fc.     Dated,  &c. 
State  duty,  &tc.  J.         B.         Justice  of  the  Peace. 

RECORD. 

F.  county,  ss.  S. 

At  a  court  held  on  the         day  of  A.  D.         at  in 

county,  before  me,  J.         B.         Esquire,  one  of  the  jus- 
tices of  the    peace     for    said    county.     C.     of     against  A 
of  in  an  action  of  assumpsit,  for  that  on  the          day  of 

A.  D.         at  the  defendant  was  indebted  to   the  plaintiff, 
in  the  sum  of  and    then    and  there   made,   executed,  and 
delivered  to  the  plaintiff,  a  certain  writing,  or  due   bill,  in   the 
tenour  following,  to  wit  :  Due  C.  dollars,  and 
cents.     May  ]Qth,  1816.     And  that  by  reason  of  the   premises, 
the  defendant  became  liable,  then  and  there,  to   pay  the  plain- 
tiff the  said  sum  of             and   in  consideration   thereof,    after- 
wards, to  wit.  on  the  same             day  of  A.  D.         under- 
took, and  to  the  plaintiff  faithfully  promised,  to  pay  to  him  the 
said  sum  of             whenever  he  should  be  afterwards  thereto  re- 

•quested  ;  yet  the  defendant,  his  promise  aforesaid  not  regard- 
ing, never  performed  the  same,  though  often  requested  and  de- 
manded, to  the  damage  of  the  plaintiff  the  sum  of  And 
the  defendant  in  court,  defends,  pleads,  and  says,  that  he  never 
undertook  and  promised,  in  manner  and  form,  as  is  in  the 
plaintiff's  declaration  alledged,  and  thereof  puts  himself  on  trial ; 
and  the  plaintiff  likewise.  Having  fully  heafd  the  evidence 
adduced,  and  the  arguments  urged  by  the  parties,  I  the  said  justice 

B.  do  find,  that  the  defendant  did  not  undertake  and  pro- 
mise, in  manner  and  form,  as  in  the  plaintiff's  declaration  is  al- 
ledged ;     whereupon  it  is  considered  by  the  court,  that  the  de- 
fendant recover  his  cost  of  the  plaintiff,  taxed  at  dollars, 
r\nd         cents,  and  that  execution  issue  therefor  accordingly. 

/.  B.  Justice  of  the  P <ace. 


JUSTICE  OF  THE  PEACE. 


Assumpsit  for  Rent. 


DECLARATION  FOR  RENT, 
Or  for  the  use  and  occupation  of  Real  Estate. 
Whereupon  the  plaintiff  declares,  and  says,  that  on  the 
day  of  A.  D.         at  the  defendant  was  indebted  to 

the  plaintiff,  in  the  sum  of  for  the  use  and  occupation  of 

(here  describe  the  real  estate,  whether  land,  or  buildings,  or  both, 
and  a,7iere,)  the  property  of  the  plaintiff,  by  his  permission,  and 
at  the  instance  and  request  of  the  defendant,  for  the  space  of 
to  wit.  from  the  day  of  A.  D  to  the          day  ot 

A.  D.         and  in  consideration  thereof,  afterwards,  to  wit. 
on  the         day  of  A.  D.         at  said  he,  the  defend- 

ant, undertook,  and  faithfully  promised  the  plaintiff  to  pay  to 
him  the  said  sum  of  whenever  he,  the  defendant,  should  be 

afterwards  thereto  requested  ;  yet  the  plaintiffsaith,  that  the  de 
fendant,  his  promise  aforesaid  not  regarding,  hath  never  per- 
formed the  same,  though  often  requested  and  demanded  ;  to  the 
damage  of  the  plaintiff,  &c. 

DECLARATION  FOR  RENT. 

Where  no  price  was  agreed  upon  by  the  parties, 
Whereupon  the  plaintiff  declares,  and  says,  that  whereas  the 
defendant,  on  the         day  of          A.  D.         at  aforesaid, 

in  consideration  that  he  had  before  that  time  held,  used,  and  oc- 
cupied, one  certain  messuage,  consisting  of  a  dwelling  house, 
barn,  garden,  and  yard,  in  aforesaid,  bolonging  to  the 

plaintiff,  and  bounded  easterly  on  highway,  &c.  for  the  space  oi 

to  wit,  from  the  day  of  A.  D.         to  the 

day  of  A.  D.  he,  the  defendant,  took  upon  himself, 

and  to  the  plaintiff  then  and  there   ftrtfbfully  promised,  well  and 
truly  to  pay,  and  satisfy  to  the  plaintiff,   so  much  money  as   he 
reasonably  deserved  io  have,  for  the   use  and  occupation  of  tht 
messuage  aforesaid,  when  he  should  be  afterwards  thereunto  re 
quested.     And  the  plaintiff  in  fact  saith,  that   he  reasonably  de- 
serves to  have  of  the   defendant,  for  the  use  and  occupation  of 
the  said  messuage,  so  as  aforesaid  held,  used,  and  occupied,  b' 
the  defendant,  the  sum  of  dollars,  of  which  the  defendan' 

ifferwards,  to  wit.  on  the  day  of  A.  P.          at 

10 


Uv  JUST1CK  OF  THE  1'EACE 

Assumpsil  on  I'ronmc  for  Promise. — On  Account  Reckoned. 

aforesaid,  bad  notice  :  yet  the  plaintiff  saith,  that  the  defendant^ 
his  undertaking  and  promise  aforesaid  not  regard! ng,  &c. 

DECLARATION, 

On    Promise  for  Promise. 

Whereupon  the  plaintiff  declares  and   say?, 'that  on  the 
•.lay  of  A.  D.          at  the  defendant,'  in  consideration 

that  the  plaintiff  then  and  there  promised  to  pay  to  him,  the  de- 
fendant, within  sixty  days  then  next  corning,  the  sum  of  ten  dol- 
lars, then  and  there  promised  to  deliver  to  him,  the  plaintiff. 
when  afterwards  by  him  thereto  required,  at  his,  the  defendant's, 
warehouse,  in  said  one  hundred  pounds  of  good  muscovado 

Miear;   and  that  afterwards,  1o  wit.  on-  the  day  of 

A.  D.  the  plaintiff  did,  at  the  defendant's  said  warehouse,  at 
aforesaid,  demand  of  hire,  the  defendant,  to  deliver  to  him, 
•lie  plaintiff,  one  hundred  pounds  of  good  muscovado  sugar,  in 
fulfilment  of  his  the  defendant's  promise  aforesaid,  who  then  and 
there  neglected  and  refused,  and  hitherto  hath  neglected  and 
refused  to  deliver  said  one  hundred  pounds  of  good  musco- 
vado sugar,  to  the  plaintiff,  though  often  requested  ami  demand- 
ed ;  to  the  plaintiffs  damage,  &c. 

DECLARATION  ON  ACCOUNT  STATED. 

Whereupon  the  plaintiff  declares,  and  says,  that  on  the 
dav  of  A.  D.         'at  the  plaintiff  and  defendant  reck 

oned  together  of  divers  dealings,  that  before  that  time  had  pass- 
ed between  them,  and  whereupon  the  defendant  was  found  in_ 
;trrear  to  the  plaintiff,  in  the  sum  of.  dollars  and  cents  ; 

and  being  so  found  in  arrear,  the  defendant  in  consideration 
'hereof,  afterwards,  to  wit,  on  the  same  day  and  year  laslafore- 
suid,  took  upon  himself,  and  then  and  there  faithfully  promised 
the  plaintiff,  to  pay  (he  same  sum  of  money  to  him,  whenever  a 
^)ouid  be  afterwards  demanded  :  yet  the  defendant,  his  promise 
aforesaid  not  regarding,  hath  never  performed  the  same,  though 
often  requested  and  demanded,  to  the  damage  of  the  plaintiff  tin 
n:ru  cf  dollars,  and  therefor,  and  cost,  he  brings  suit.  &.:' 


JUSTICE  OF  THE  PEACE. 


Assimipsii,  l';iv<;''  \>.   Acceptor. — ! 


ORDERS. 

PAYEE  JIGJUNST    ACCEPTOR. 
O,V  J.V  ORDER  ACCEPTED, 

la  a  plea  of  the  case  whereupon  the  plaintiiT  declares  and 
jays,  that  on  the  .day  of  A.  D.  ope  II.  11.  drew 
his  order  in  writing,  under  his  hand  of  that  date,  directed  to  the 
defendant,  therein  a*id  thereby  requesting  him  to  pay  to  the 
plaintiff,  or  his  order,  the  sum  of  on  demand,  for  value  re- 

ceived* of  the  plain-tiff,  by  the  said  R.  R.         and  to  charge 

the  same  to  the  said  R.  II. 's  account,  and  that  tin-  plain- 
tiff afterwards,  to  wit,  on  the  same  day  presented  the  said  order 
to  the  defendant  for  his  acceptance,  who  thcn-and  there  accept 
ed  the  .same,  whereby  he  became  liable,  and  in  consideration 
thereof,  afterwards,  to  wit,  on  the  same  day  undertook,  and  to 
the  plaintiff  faithfully  promised,  that  he  the  defendant  would 
-,v:il  and  truly  pay  to  the  plaintiff  the  same  sum,  contained  in 
said  order,  when  thereunto  afterwards  requested.  Yet  the  de- 
fendant, his  promise  aforesaid  not  regarding,  hath  never  perform- 
ed the  same,  though  often  requested  and  demanded,  to  the  plain 
tiif's  damage  the  sum  of  &cc. 

AGALVST  DRAWER  0,V  ORDER  KOT  ACCEPTED, 

Whereupon  the  plaintiff  declares,  and  says,  that  on  the 
day  of  A.  I).          the  defendant,  for  value  received  of  the 

plaintiff,  drew  his  order  in  writing,   under  hi$  hand    of  that  date, 
directed  to  one  R.          R.         therein  and  thereby  requesting  the 
-aid  IJ.  -   R..  to  pay  to  the  plaintiff,  or  his  order,  the  sum  of 
on  demand,  and  to  charge  the  same   to  account  of  the  defendant, 
and  that  the  plaintiff  on  the          day  of  A.  D.          at 

presented  the  said  order  to  the  ?aid  R.  R.  for  his  accept- 
ance and  payment,  which  the  said  R.  R.  then  and  there 
refused  to  do,  of  uhich  the  defendant  aftmvard:,  to  wit,  on  the 

*  To  rcrnler  an  order  of  any  vfilue,  .«o  as  to  maintain  ;m  notion  upon  it,    if 
rwv**1  i'  N  HKT-'!V  :i  iH'f-r  ofi  • 


3 48  JUSTICE  OF  THE  PEACE. 

Assumpsit  on  Indorsed  Notes. — Assignee  vs.   Assignor,  oiler  suit,  <Vc. 

day  of  had  due  notice,  whereby  he  became  liable,  and 

in  consideration  thereof,  (£c.  as  in  the  preceding  form.} 

NOTE. — To  declare  on  an  inland  bill  of  exchange,  no  protest 
need  be  stated,  but  notice  of  non-acceptance,  or  non-payment, 
must  be  alledged, 

SECT.  VI. 

INDORSED  NOTES. 

Though  notes  given  for  a  sum  within  the  jurisdiction  of  a  jus-, 
(ice  of  the  peace,  are  not  by  statute  negotiable,  yet  the  assignor 
may  maintain  an  action  against  the  prcmisor,  in  the  name  of  the 
promisee,  and  pursue  it  to  final  judgment  and  execution,  and  in 
case  of  a  regular  nonest  inventus  returned,  or  if  the  promisor  be 
insolvent,  so  that  the  amount  cannot  be  collected  of  him,  may 
maintain  assunlpsit  against  the  assignor,  for  the  amount  of  the 
note,  and  legal  cost  thereon,  in  attempting  collection  from  the 
promisor. 

ASSIGNEE  AGAINST  ASSIGNOR,    AFTER  SUIT 
AGAINST  THE  PROMISOR. 

Whereupon  the  plaintiff  declares,  and  says;  that  on  the 
day  of  A.  D.         one  R.         R.         made  his  note  fn  wri- 

ting, commonly  called  a  promissory  note,  bearing  date  the  same 
day  and  year,  wherein  and  whereby  he  promised  to  pay  to  the 
defendant,  for  value  received,  the  sum  of  with  interest 

thereon,  on  demand,  (or  at  any  set  time.}  And  that  afterwards, 
to  wit,  on  the  day  of  A.  D.  the  defendant  by  his 

indorsement  in  writing  thereon,  for  value  received  of  the  plain- 
tiff, ordered  the  contents    thereof  then  unpaid,  to  be  paid  to  the 
plaintiff,  according  to  the  tenour  thereof.     And  that  on  the 
day  of  A.  D.         the  plaintiff,  caused  the  said  note  to  be. 

put  in  suit  against  the  said  R.  R.  by  writ  of  attachment, 
directed  to  the  sheriff  of  the  county  of  his  deputy,  or  eith- 

er constable  of  within  said  county  ;  dated  the  same 

day  of  A-  D.         signed  by  J.          B.         Esquire,  a  jus- 

tice of  the  peace  for  said  county,  and  made  returnable  before  the 


JUSTICE  OF  THE  PEACE.  146 


Assumpsit,  Assignee,  vs.    Assignor  after  suit,  &c. 


vaid  justice  B.         on  the         day  of  A.  D.  at  afore- 

said, and  committed  the  same  to  the  hands  of  a  constable 

of  and  by  him,  for  want  of  goods,  or  estate,  of  the  said  R. 

R.  v>  as  duly  served  upon  his  body,  by  attaching  the  same. 
And  that  on  the  day  of  A.  D.  aforesaid,  the  plain- 

tiff appeared  before  said  justice  B.  to   prosecute  said  suit, 

and  the  said  R.  R.         being  three  times   called,  made  de- 

fault of  appearance  :  whereupon  by  the  consideration  of  said  jus- 
tice B.         the  plaintiff  recovered  a  judgment  for  the  sum  of 
damages,  and  the  sum  of  cost  of  suit,  whereon  he  lookout 

execution    for  the  collection    of  said  sums,  and  seventeen  cents 
more  for  said  execution,  in  due  form  of  law,  dated  the  same 
day  of        •     A.  D.         and  signed  by  the  said  justice  B. 
and  the  said  execution  on  that  same         day  of          caused  to  b* 
put  into  the  hands  of  a  constable,  of  said  >vho  on  the 

day  of  A.  D.         for  want  of  goods,  or  estate,  of  the  said 

R.         R.          by  him  shown  to  the  said   constable,   whereon  tc 
levy  and  satisfy  said  execution,  took  the  body  of  the  said  R. 
R.         and  him  committed  to  the  keeper  of  the  gaol  in  F. 
in  said  county,  within  the  prison,  and  charged  his,  the  said  con 
stable's,  fees,  at  $  And  that  afterwards,  to  wit,  on  the 

Jay  of  A.  D.          the  said  R.         R.  was,  at  his  re- 

quest, by  .  Escjuire,   a  justice  of  the  peace  for  said  county, 

duly  admitted  to  the  privilege  of  the  oath,  by  law  provided,  for  the 
relief  of  poor  prisoners,  which  was  then  and  there,  by  the  justice 
iast  mentioned,  administered  to  him  the  said  R.  R.  And 
that  the  said  judgment  hath  not,  in  any  other  way  been  paid,  or 
satisfied.  And  that  by  reason  of  the  premises,  the  defendant  be- 
came liable,  and  in  consideration  thereof,  afterwards,  to  wit,  OR 
the  day  of  A.  D.  at  aforesaid,  undertook,  and 

to  the  plaintiff  faithfully  promised,  to  pny  to  him  the  plaintiff,  the 
said  several  sums,  contained  in  said  execution,  and  constable's 
fees,  amounting  to  the  sum  of  when  he  should  be  afterwards 
thereunto  requested,  yet  the  plaintiff  says,  that  the  defendant,  his 
undertaking  and  promise  aforesaid  not  regarding,  hath  never  per- 
formed the  same,  though  often  requested  and  demanded,  to  the 
•damage  of  the  plaintiff,  the  sum  of  &9 


450  JUSTICE  OF  THE  PEACE. 

Assumpsit,  Assignee,  vs.    Assignor  wi.hout  suit. 

ASSIGNEE  AGAINST  ASSIGNOR,  BECAUSE  OF  IN- 
SOLVENCY, WITHOUT  SUIT  AGAINST  HIM. 
Whereupon  the  plaintiff  declares  and  says,  that  on  the 
day  of  A.  D.  one  R,  R.  made  his  note  in  writing, 
commonly  called  a  promissory  note,  bearing  date  the  same  day 
and  year,  wherein,  and  whereby,  he  promised  to  pay  to  the 
defendant,  for  value  received,  by  the  said  R.  R.  of  him 
the  defendant,  the  sum  of  with  interest  thereon,  at  or  be- 
fore the  day  of  then  next  ensuing,  but  long  since  past, 
and  that  afterwards,  to  wit,  on  the  day  of  A.  D. 
the  defendant  by  his  endorsement  in  writing  thereon,  for  value 
received  of  the  plaintiff,  ordered  the  contents  of  said  note  then 
unpaid  to  be  paid  the  plaintiff,  according  to  the  tenour  thereof. 
And  that  after  the  said  no.te  became  due  and  payable,  to  wit;.  on 
the  day  of  A.  D,  the  plaintiff  at  presented  the 
said  note,  with  said  endorsement  thereon,  to  th«5  said  R.  R. 
and  requested  payment  thereof,  who  then  and  there  neglected, 
and  refused,  to  pay  the  same.  And  the  plaintiff  avers,  that  the 
said  R.  R.  then  and  there  was  insolvent,  and  wholly  un- 
aWe  lo  pay  the  contents  of  said  note,  and  had  not  any  goods  or 
estate,  which  could  have  been  attached  to  secure  the  same,  and 
that  by  reason  of  the  premises  the  defendant  became  liable  and 
in  consideration  thereof,  afterwards,  to  wit,  on  the  day  of 
A.  D.  at  undertook  and  1o  the  plaintiff  faithfully  prom- 
ed  to  pay  to  him  the  contents  of  said  note,  whenever  thereto  re- 
quested. &.C. 

N.  B.  If  the  promisor  had  absconded  or  gone  out  of  the  state, 
before  the  note  became  due,  after  the  word  avers,  say,  that  the  said 
R.  R.  before  the  said  note  became  due  and  payable  had  ab- 
sconded out  of  this  state,  to  parts  unknown  to  the  plaintiff,  and 
had,  and  hath  no  property  to  be  found  therein  whereby  said  note 
can  be  satisfied.  And  that  by  reason  of  the  premises,  the  defendr 
ant  became  liable,  &c. 


JUSTICE  OF  THE  PEACE  1QI 


Debt.— Declaration  on  Due  Bill.— For  Rent. 


SECT.  VII. 

DEBT. 
DECLARATION  IN  DEBT  ON  DUE  BILL. 

To  answer  unto  the  plaintiff,  in  a  plea  that  to  the  plaintiff,  the 
defendant  render  the  sum  of  fifteen  dollars,  which  to  the  plain- 
tiff the  defendant  justly  owes,  and  from  him  unjustly  detains  ; 
For  that  the  plaintiff  declares  and  says,  that  on  the  day  of 
A.  D.  at  aforesaid,  the  defendant  made,  executed,  and 
delivered  to  the  plaintiff,  a  certain  writing,  or  due  bill,  signed 
with  his  hand,  and  sealed  with  his  seal,  bearing  date  on  the  same 
day  of  A.  D.  in  and  by  which  said  writing,  or  due  bil], 
the  defendant  acknowledged  himself  to  owe,  and  be  indebted 
to  the  plaintiff,  in  the  sum  of  fifteen  dollars,  to  be  paid  to  him, 
the  plaintiff,  whenever  demanded,  as  by  said  writing,  or  due  bill, 
ready  in  court  to  be  produced,  appears  ;  and  which  debt 
hath  never  been  paid,  though  often  requested  and  demanded  : 
to  the  d  be  plaintiff,  (he  sum  of  dollar?.  &c. 

DEBT  FOR  RENT. 

In  a  plea,  u;~.l  to  the  plaintiff,  the    defendant,    &,c.--~  For  tha 
•lie  plaintiff  decinres  and  says,  that  on  the          day  of         A.    I), 

at  aforesaid,  the  plaintiff  did  demise  and  to  form    !c* 

unto    the    defendant  a    certain  messuage,    situate   in  and 

bounded  on,  (&ic.)  with  the   appurtenances   thereof,    to  hold  UK. 
sami:  from  the  said          day  of         A.    D.          tor  and  during  <!;.-. 
lenn  of         months,  then  next  coming,  at  the  yearly  rent  of 
And  that  in  pursuance  thereof,  the  defendant  then  and  then 
tered  into  the  use  and  occupation  of  said  iiicssiKrrc  ;  ai:d  contin- 
ued to  hold,  use,  occupy  and   enjoy    the  same,  until  on  tin- 
day  of         A.   D.          he  left   and  quitted  said    messuage  : 
that  on  the  day  last  aforesaid,  the  said  yearly  rent  for  said   nu^- 
iiiage  which    had  accrued    since    the   day  of  the  demise  of  the 
same,  to  the  defendant,  amounted  to  the  sum  of         dollars  ami 

cents,  which  said  last  mentioned  sum  hath  ever  since  the 
day  on  which  the  defendant  quitted  said  premises,  remained  and 
still  remains  due  from  him  the  defendant,  to  the  plaintiff,  tor 
rent  of  said  messuage,  «v  nforos^id  :  and  still  remain-  wholly  un-' 


i5«  JUSTICE  OF  THE 


Debt  on  Bone!. — On  Judgment.-^— On  Award. 


r  satisfied,  though  often  requested  and    demanded,  to  the 

.image,  &c. 

DEBT  OF  BOND. 

For   that  on    the          day    of         A.   D.  at  in  said 

v,  the  defendant  by  his  writing  obligatory,  of  That  date, 
£.:jK>d  with  his  hand,  and  sealed  with  his  seal,  and  here  in  court 
to  be  produced,  acknowledged  himself  to  be  held  and  firmly 
bound,  and  obliged  to  the  plaintiff,  in  the  just  sum  of  dol 
lars,  to  be  paid  to  the  plaintiff  whenever  requested  :  yet  though 
often  requested,  the  defendant  has  not  paid  the  same,  but  unjustly 
detains  it,  to  the  damage  of  the  plaintiff,  &c. 

OA"  JUDGMENT. 

For  that  the  plaintiff,  on  the  day  of  A*  D.          at 

a  court,  "aolden  before  J.  B.  Esquire,  one  of  the  justices 
of  the  peace,  for  the  county  of  F.  by  the  consideration  of 
said  justice,  recovered  judgment  against  the  defendant  for  the 
sum  of  *  dollars  and  cents,  debt  or  damage  j  and  the 
sum  of  cost,  and  charges  of  suit,  as  by  the  record  thereof 
here  ready  in  court  to  be  produced  appears,  which  judgment  is. 
in  full  force  altogether  unsatisfied  and  unrecovered  ;  whereby 
an  action  hath  accrued  to  the  plaintiff  to  demand,  have,  and  re- 
cover, of  the  defendant  the  ?aid  several  sums  aforesaid,  together 
with  cents  more  for  the  execution  which  issued  on  said 
judgment,  and  interest  on  the  whole.  Yet  though  often  request- 
fed,  the  defendant  hath  not  paid  the  said  several  sums  aforesaid, 
noreither  of  them,  nor  interest  ;  but  refuses  and  detains  them,  to 
the  damage,  foe. 

(XV  AWARD. 

For  that  whereas  before  the         day  of         A.  t).         at 
aforesaid,  certain  differences  and  controversies  were  had  and  sub 
sisted    between  the    plaintiff  and   defendant,  concerning  diver? 
dealings,  matters,  and  things  between  them,  for  the  putting  an 
end  to,  and  making  a  final  termination  of  said  difference?  and  con- 
troversies, they,  the  plaintiffand  defendant,  on  the  same  day  and 


JUSTICE  OF  THE  PEACE.  163 

Debt,  on  Rccocr:iiz:incc  for  Cost. 

year  last  aforesaid,  at  said  mutually  chose  A,  B,  &,  C,  to  hear 
:it:d finally  determine  all  Said  differences  and  controversies:,  and 
their  award  thereon  to  make  and  publish  before  the  day  01 
A.  D.  And  the  said  A.  I>.  and  C.  having  taken  upon 
themselves  the  burden,  of  hearing,  adjudging,  and  awarding,  it. 
the  premises,  afterwards,  to  wit,  on  Ilia  day  uf  A.  D. 
made  and  published  their  award  upon  all  the  matters  so  submitted 
to  them,  and  did  then  adjudge,  order,  and  award,  that  to  put  a 
final  end  and  termination  to  ail  controversies  and  differences  sub 
sisting  between  the  said  partieb,  that  the  defendant  should  pay 
to  the  plaintiff  the  sum  of  dollars  ;  yet  the  defendant  hath 
never  paid  said  sum  ot  dollars,  to  the  plaintiff  though  a  rea- 
sonable time  hath  long  since  elapsed,  and  though  often  requested 
.-.•id  demanded  ;  but  hath  hitherto  neglected  and  refused,  and 
.-till  doth  neglect  arid  refuse  to  do  it,  to  the  plaintiff's  damage, 
ihe  sum  of  dollars. 

DEBT  OX  RECOQN1ZJIXCE,  FOR  COST. 

For  that  R.  K.  of  brought  his  action  of  Book 

debt,  (')r  any  other,  at  the  case 'may  be,}  agains't  the  plaintiff,  by 

Miit  returnable  before  J.          13.          Es<;uiro,  one  of  the  justices 

r.-f  the  peace  for  F.  county,  at  in  said  county,  on  the 

day  of         A.  D.         and  on  the  same  day  of         A.  D. 
the  defendant  before  said  justice  B.         -.luring  the   pendency  cf 
Said  action,  and  before  any  plea  pleaded  therein,   acknowledged 
himself  to  owe,  and  be  indebted,  to  the  plaintiff  in  the  sum  of 
to  be  paid  to  him,  if  the  said  II.          R.          should   fail  to  prose 
cute    his    action    to  effect,  and  answer    all  damages,  in  case  he 
make  not  his  plea  good.     And  that  afterwards,  on  the  same  day 
of         A.  D.         the  said  action  was  by  the  said  justice  B. 
fully  heard  on  the  plea  of  owe  nothing;  and  that  the  said  ju:^ 
lice  B.         did  then  and  there  find  that  the   plaintiff  owed  noth- 
ing to  the    said  R.          R.          in  manner  and  form,  as  in  his  de- 
claration \vas  allfdged  ;  and    did   t;x;reiipo:i    consider,  that'thf. 
plaintiff  recover  his  co:;t  in  said  action,  taxed  at  the  sum  of 
dollars,  and         cents,  of  him  the  said  U.          R.         and  that  ex- 
ecution issue  therefor  accord ingly.     And  that  the  plaintiff  thei. 
and  there  took  out  execution   on  fh<«  ?aid    iuchrmcnt  of  !!:• 
20 


JUSTICE  OF  TH1-:  PEACE. 


Debt,  ffci.Fa.  vs.  Special  JJ;iil. 


justice  B.  for  the  sum  of  together  with  cents 

more  (or  said  execution,  in  due  form  of  law,  and  afterwards,  to 
wit,  on  the  same          d;iy  of  committed  the  saine  execu- 

tion to   the  hands   of  L.  M.  then  and  ever  since  a 

constable  of  said  and  that  on  the         day  of          A.  D. 

the  said  constable  made  return  of  the  same  execution,  into   the 
office  of  the  said  justice  B.  with  his  endorsement  thereon, 

that  he  could  find  neither  the  goods,  or  chattels,  or  the  body  of 
the  said  K.  R.  whereon  to  levy  said  execution,  and 

charged  his  fee.s  at  all  which,   by  the  files  and  records  of 

said  justice  B.  in  the  action  a fo repaid1,  ready  in  court  to  bt 

produced,  appears.  And  the  plaintiff  avers  that  the  said  recog- 
nizance has  been  in  no  way  cancelled,  nor  hath  said  judgmerr. 
been  in  any  way  paid  or  satisfied  :  and  that  the  said  R.  R. 
did  fail  to  prosecute  his  said  action  to  effect,  and  hath  not  satisfl 
ed  the  damages  and  cost  by  the  plaintiff  thereby  sustained,  tt« 
the  damage  of  the  plaintiff  the  sum  of  and  therefor,  an<! 

for  cost,  he  brings  this  suit. 
Hereof  fail  not,  &.c. 

SECTION  VJIL 

SCIRE  FACIAS.  AGAINST  SPECIAL  BAIL. 

To  the  sheriff,  &c.  Greeting  : 

Whereas  R.  R.  of  brought    his  action  ot 

trespass,  against  one  G.          F.  of  by  writ  of  attach 

inenl,  returnable  before  J.  B.  Esquire,  one  of  the  justice.- 
of  the  peace  for  F.  county,  on  the  day  of  A.  D. 

at  in  said  county,  and  after  the   calling  of  the  parties  ii< 

said  action,  and  before  any  plea  pleaded  therein,  to  wit,  on  the 
<ame  day  of  A.  D.  L.  M.  of  ap- 

peared before  said  justice  B.  and  entered  into  a   recogni- 

sance, and  acknowledged  himself  to  owe  and  be  indebted  to  the 
said  R.  R.  if  the  said  G.  F.  would  not  abide 

the  final  judgment  which  should  be  given  in  said  cause  ;  and  that 
afterwards,  to  wit,  on  the  same  day  of  A.  D.  the  said 
R.  H.  recovered  a  judgment  before  the  said  justice,  in  the 
same  action,  for  the  sum  of  damages,  and  for  the  sum  of 


JUSTICE  OF  THE  PEACE.  15$ 

Sci.  Fa.  v?.  Special  Bail. 

cost  of  suit,  against  him  the  s.Tid  G.  F.  and  then  and  then- 
took  out  execution,  in  clue  form  of  law,  for  the  sums  aforesaid, 
dated  the  same  day  of  A.  D.  directed  to  the 

sheriff  of  the  county  of  F.  his  deputy,  or  either  constable  oi 
S.  wilhin  said  county,  and  signed  by  the  said  justice  B. 

and  afterwards,  to  wit,  on  the          day  of  A.  D.         couv 

milled  the  same  execution  unto  C.  D.  a  constahle   o/ 

said  to  execute  according  to  law  :  and  that  the  said  G. 

F.  ever  since  the  giving  of  the  same  judgment  hath  avoided 
and  kept  out  of  the  way  of  the  said  constable,  so  that  he  could 
riot  be  found  ;  and  the  aforesaid  constable  on  the  day  of 

A.  D.         returned  upon   said  execution,  unto  the   said    justic( 

B.  that  he  had  made  diligent  search  throughout  his  precincts 
for  money  >  goods,  or  chattels,  of  the  said  G.       F.         to  satisfy 
said    execution,    but  could  find  none.     And  that  he    had  tnadv- 
like  search  for  the  body  of  the  said  G.  F.  but  he  was, 
not  to  be  found  within  his  precincts,  and  so  returned  said  execu- 
tion in  no  part  satisfied  ;  and  charged,  as  his  fees,  $          .     And 
(he  said  K.         K.         sailli,  that  the  said  judgment  is  stiil  in  full 
force,  and  remains    altogether   unsatisfied;     wherefore  the  said 
K.          K.          prays  a  remedy   in   the  premises,   and    which  h 
effect,  you  are  hereby  required  to  attach  the  goods  or  estate  ot 
the  said  L.            M.              to  the  value  of                 and  for  \v  ani 
thereof  to  take  his   body,   and  him  cause  to  appear  befn; 

said  justice  B.  on  the  day  of  A.  D.  a~ 

o'clock  jn  the  noon,  at  his  dwelling  house  in  .:. 

aforesaid,  then  and  there  to  show  reason,  if  any  he  haw. 
whereiore  judgment  for  the  sums  aforesaid,  amounting  to  tin 
-mm  of  together  with  interest  thereon,  shall  not  be  given 

against  him,  L.         M.         and  execution  be  issued  therefor. 
Hereof  fail  not,  and  due  return  make. 
Dated  at  this         day  of  A.  D. 

State  duty  of  seventeen  cent.;  i.s  paid  hercon,  and  R.         R. 
i*;cognized  in  $         for  prosecution,  4'C.  before  me. 

J.  B.          Justice  of  the  Peace. 


JUSTICE  OF  THE  PEACE. 


Pci.  Fa.  vs.  (IiM'nis 


SCIRE  FACIAS  ON  FOREIGN  ATTACHMENT,  vs. 

GARNISH  EE. 

To  the  sheriff,  &:c.  Greeting  : 

Whereas  R.         R.         of  in  the  county  of         brought 

his  action  of  asstnnpsit,  on  note,  against  L.         M.  of 

an  absent  and  absconding  debtor,  gone  to  parts  uuknown,    with- 
out the  limits  of  this  state,  by  writ  returnable  before  J.         B. 
Esquire,  one  of  the.  justices  of  the  peace  for  F.  county,  at 

j>.  in  said  county,  on  the          day  of  A.  D.         de- 

manding the  sum  of  and  signed  by  J.         B.         justice 

nf  the  peace,  in  and  by  which  writ  the  officer  to  whom  the  sarnr 
was  directed  for  service,  was  required  to  leave  a  true  and  at- 
Bested  copy  thereof  with  G.  F.  agent,  attorney,  factor, 

trustee,  and  debtor,   to  the  said  L.  M.         which  said  writ 

was  duly  served,  and  a  true  and  attested  copy  left  with  the  said 
G.         F.         according  to  the   requirement  aforesaid,   and   re- 
turned to  the  said  justice  B.         on  the         day  of         A.  D. 
•>nd  the  said  L.  M.         not  appearing    in   said    action,   the 

.•ame  was   adjourned    to  the  day  of  A.  D.         afore- 

said, when  and  where  the  said  R,  R.         recovered  a  judg- 

ment ngainst  the  said  L.         M.          for  the  sum  of  dama- 

ges, and  the  sum  of  cost  of  suit,  and  took  out  execution, 

indue  form  of  law,  on  said  judgment,  for  the  sums  aforesaid,  and 
-seventeen  cents  more  for  said  execution,  dated  the         day  of 
A.  D.          directed    to  the  sheriff  of  the  county  of  F.  &,c. 

made  returnable  in  sixty  days  next  coming,  and  signed  by  the 
said  justice  B.  And  that  on  the  day  of  A.  D. 

the  said  R.  R.  committed  the  said  execution  to  the  hands 
of  a  constable  of  said  to  execute  according  to  law  ; 

tvho  on  the  day  of  A.  D.  at  the  last  usual  place 

of  abode  of  the  said  L.         M.         in  said  made  demand 

of  money,  goods,  and  chattels,  to  satisfy  said  execution  with  the 
said  constables  fees  thereon,  but  none  were  shown  unto  him,  nor 
eculd  he  find  any,  and  on  the  day  of  A.  D.  the 

said  constable  made  a  like  demand  of  said  G.         F.         of 
it  aforesaid,  for  money,  goods,  or  chattels,  of  the  said  L. 

M.  *  in  his  hands,  as  attorney,  agent,  factor,  and  trustee,  to 
iho  /aid  L.  M.  to  ,;'ati?fy  said  execution,  together  with 


JUSTICE  OF  THE  PEACE.  157 

Sci.  Fa.  vs.  Garnishec. 

said  constable's  fees,  but  none  were  shown  unto  him,  nor  could 
the  said  constable  by  the  most  diligent  search,  throughout  his 
precincts,  during  the  life  of  said  execution,  find  either  the  mon- 
ey, good.*,  or  chattels,  of  the  said  L.  M.  whereon  te 
'lew  and  satisfy  said  execution,  and  the  said  constables  fees  there- 
on :  and  on  the  day  of  A.  D.  made  return  of  said 
execution  into  the  office  of  the  said  justice,  with  his  doings  afore- 
said thereon  indorsed,  as  by  the  files  and  records  of  iaid  justice 
B.  in  said  action,  ready  in  court  to  be  produced,  appears. 
And  the  said  R.  II.  saitb,  that  at  the  time  of  the  d:<te 
and  service  of  his  said  writ,  against  the  said  L.  M.  and 
the  leaving  of  the  copy  thereof  as  aforesaid,  with  the  said  G. 
F.  that  he  the  said  L.  M.  *.vas  an  absent  and  abscond- 
ing debtor,  and  that  the  said  G.  F.  was  agent,  attorney, 
factor,  trustee,  and  debtor.to  the  said  L.  M.  and  had  of 
his  goods,  effects,  and  estate,  in  his  hands,  and  so  concealed, 
that  the  same  could  not  be  attached  ;  and  also  owed  unto  the  said 
L.  M.  a  sum  or  sums  of.money,  more  than  sufficient  t» 
pay  and  satisfy  said  execution  ;  wherefore  the  said  R.  R. 
prays  a  remedy  in  the  premises  ;  to  which  end, 

These  are,  by  authority  of  the  State  of  Connecticut,  to  require 
you  to  cause  the  said  G.  F.  to  know,  that  he  appear  be- 
fore J.  B.  Esquire,  one  of  the  justices  of  the  peace  for 
F.  county,  on  the  day  of  A.  D.  at  o'clock 

in  the  noon,  then  and  there  to  show  reason,  if  any  he  have, 
why  judgment  should  not  be  rendered  against  him,  for  the  suma 
in  said  execution  contained,  and  the  said  constable's  fees,  on  said 
execution,  amounting  to  the  sum  of  together  with  the  cost 

of  this  suit.     Hereof  fail  not,  and  due  return  make. 

Dated  at  this         day  of  A.  D. 

The  state  duty  of  seventeen  cents  is  paid  hereon. 

J.         B.         Justice  of  the  Peace. 

PLEA. 

F.  county,  ss.  S. 

On  this         day  of  A.  D.          the  defendant  comes  intc 

ourt,  and  defends,  pleads,  and  says,  that  at  the  time  of  the  date 
•id  service  of  the  said  writ  of  the  .«aid  R.          R.         against  Ilia 


158  JUSTICE  OF  THE  PEACE. 

Sci.  Fa.  Executor,  vs.  Administrator. 

said  L.  M.  and  of  the  leaving  a  true  copy  thereof,  with 
him,  the  defendant,  he  was  not  agent,  attorney,  factor,  trustee, 
nor  debtor,  to  the  said  L.  M.  and  had  not  of  his  goods, 

effects,  or  estate,  in  his  hands  concealed,  so  that  they  could  not 
be  attached,  and  was  not  indebted  to  the  said  L.  M.  in 
any  sum,  or  sums  of  money,  whatever;  and  hereof  he  puts  him- 
self on  trial,  and  prays  to  be  examined  on  oath,  as  the  statute  in 
such  case  provides.  G.  F. 

And  the  plaintiff  likewise,  R.          R. 

EXECUTOR,  vs.  ADMINISTRATOR. 
To  the  sheriff,  &.c.  Greeting  : 

Whereas  R.         R.       of  before  J.         B.         Esquire, 

;>ne  of  the  justices  of  the  peace  for  F.  county,  on  the 

day  of  A.  D.         at  S.  in  said  county,    recovered  a 

judgment  against  L.         M.         of  for  the  sum  of 

damages,  and  for  the  sum  of  cost  of  suit,  and  took  out  ex- 

ecution thereon,  in  due  form  of  law.  dated  the  same         day  ot 
A.  D.         awl  whereas   since  the  rendering  of  said  judg- 
icent,  and  the  issuing  of  said  execution,    to  wit,  on  the         day 
of  A.  D.          the  said  R.         R.         died,  the  said  judg- 

ment and  execution  then  being  and  still  retraining  wholly  un- 
paid, and  unsatisfied  :  and  whereas  A,  and  B,  both  of  in 
said  county,  are  executors  of  the  last  will  and  testament  of  the 
?aid  L.  M.  who  have  taken  upon  themselves  the  burden 
of  executing  the  same  ;  and  whereas  the  said  L.  M. 
since  the  rendering  the  said  judgment,  and  taking  out  of  the  exe- 
cution as  aforesaid  thereon,  to  wit,  on  or  about  the  day  of 
,,A.  D.  died,  and  C,  ^  D,  both  of  are  legally 
appointed  and  qualified,  as  administrators  on  the  estate  of  the 
said  R.  R.  and  have  taken  on  themselves  the  burden  of 
said  trust ;  and  the  said  A,&  B,  as  executors  of  the  said  R. 
R.  aver,  that  the  said  judgment  and  execution  hath  never 
been  paid,  or  satisfied,  nor  the  said  judgment  reversed,  and 
thereupon  pray  for  a  reme'Jy  in  the  premises  :  to  which  end 
these  are  to  require  you,  to  cause  the  said  C,  &;  D,  as  adminis- 
trators of  the  estate  of  the  said  L.  M.  to  know  that  they 
apprr.v  before  J.  B.  Esquire,  one  of  the  justices  of  the 


JUSTICE  OF  THE  PEACE.  159 

iSci.  Fa.  Executor,  \?.  Administrator. 

peace  for  F.  county,  on  the         day  of  A.  D. 

at         o'clock  in  the         noon,  at  his  dwelling  house  in  in 

said  county,  then  and  there  to  show  reason,  if  any  they  have, 
'.vhy  judgment  should  not  be  rendered  up  for  the  several  sums, 
amounting  to  the  sum  of  against  the  estate  of  the  said  L. 

M.          in  the  hands  of  the  said  C,  &f  D,  as    administrators  a?: 
aforesaid.     Hereof  fail  not,  and  due  return  make. 
Dated  at  this         day  of  A.  D. 

fv  of  seventeen  cents  is  paid  hereon. 

•T.         B.         Justice  of  the  Pf.0f.f, 


160  JUSTICE  OF  THE  PEACE 

Actions  on  Ptalulfs. — Afuinst  ctitting  Trees. 

CHAPTER  IT 

SECT.  I. 

ACTIONS  ON  STATUTES. 


T. 


HE  most  convenient  form  of  action  on  statutes,  used  ifl 
this  state,  seems  peculiar  to  it.  While  it  possesses  oil  the  ad- 
vantages of  debt,  it  is  free  from  its  technical  niceties.  Custom 
has  not  yet  given  it  a  distinctive  name  ;  hence  it  is  sometimes  de- 
nominated trespass,  sometimes  debt,  &c.  to  which  the  particular 
case  is  most  analogous.  [*Of  as  little  importance  as  a  name  may 
Seem  at  first  view  to  be,  parties  have  sometimes  suffered  very 
ruinous  evils  from  misdenornination.  In  an  action  on  the  sta- 
tute, against  cutting  trees,  where  the  defence  was  a  mistake,  as 
to  the  dividing  line  between  different  proprietors,  and  a  tender  of 
the  value  of  the  tree  cut,  though  the  facts  were  found  in  favour  of 
the  defendant,  the  court  decided  the  teftder  was  not  good,  forsooth, 
because  it  was  an  action  of  trespass.  So  in  an  action  of  replev- 
in, for  cattle,  to  the  value  of  fifty  dollars,  taken  damage  feasanl, 
and  impounded.  Though  the  plaintiff  recovered,  yet,  as  the 
damages  assessed  were  less  than  seven  dollars,  he  was  allowed 
no  more  cost,  than  damages  ;  and  the  reason  assigned  by  the 
court,  and  the  only  reason,  was,  that  in  the  statute  form,  the  ac- 
tion is  called  trespass,  though  a  distinct  species  of  action,  and  as 
different  from  trespass,  as  assumpsit  from  trover.] 

ON  THE  STATUTE,  AGAINST  CUTTING  TREES. 

To  answer  unto  J.  D.  of  in  an  action,  or  plaint. 
'.vhercia  the  plaintiff  complains,  and  says,  that  on  or  about  the 
day  of  A.  I).  the  defendant,  minding  to  injure  the  plain 
tiff,  in  this  pavti-.-uxr,  did  wilfully,  without  leave  or  licence  from 
the  plaintiff,  tutor  into  and  upon  a  certain  piece  or  parcel  of  land, 
situate  in  caid  and  bounded  as  follows,  (here  insert  the  boun- 
daries of  thi'.  land,}  of  which  the  plaintiff  is  sole  owner,  and  the:, 
nttd  there  d'd  vMfallr.  and  without  leave  or  licence  of  the  lair- 


JUSTICE  OP  THE  PEACE.  161 

Action  on  Statute;,  vs.  C:irrh •;••  Drivers. 

tiff,  cut,  and  fell,  arid  from  thence  carry  away  fifteen  of  the 
plaintiffs  walnut  poles,  under  the  dimensions  of  one  foot  in  diam- 
eter* before  that  lime  on  said  land  standing  and  growing  :  all 
contrary  to  the  form  of  the  statute,  entitled,  "  Jin  act  for  detec- 
ting and  punishing  trespasses  in  divers  cases,  and  directing  pro- 
ceedings therein."  And  by  reason  of  the  premises,  and  by  force 
of  the  statute  aforesaid,  the  defendant  has  forfeited,  and  became 
liable  to  pay  the  plaintiff  the  sum  of  eighty  four  cents,  for  every 
pole  so  cut,  felled,  or  carried  away  ;|  amounting  in  the  whole  to 
the  sum  of  twelve  dollars  and  sixty  cents,  whereby  an  action  hath 
accured  to  the  plaintiff,  to  demand,  recover,  and  have,  of  the  de- 
fendant, the  said  sum  of  twelve  dollars,  and  sixty  cents,  in  man- 
ner and  form  aforesaid.  Yet  the  defendant  though  often  reqes- 
ted,  hath  never  paid  to  the  plaintiff  the  said  sum  of  twelve  dol- 
lars and  sixty  cents,  of  any  part  thereof,  and  still  unjustly  neg- 
lects, and  refuses  to  do  it,  to  the  plaintiffs  damage,  &c, 

SECT.  II. 

O,V    THE    STATUTE   REGULATING    STAGE    AND 

OTHER  CARRIAGE  DRIVERS.  ' 

To  answer  unto  J.         D.         of  in  an  action,  or  plaint, 

wherein  the  plaintiff  complains,  and  says,  that  on  the         day  oi 
A.   D.  the   defendant     being  a    driver    of  a  wheel- 

carriage,  for  the  conveyance  of  persons,  called  a  pleasure  wag- 
gon, then  in  such  waggon  drawn  by  two  horses,  harnessed  to 
said  waggon,  and  driven  by  the  defendant,  at  in  said 

county,  in  a  public  road,  travelling  from  west  to  east,  on  the 
same  road,  met  the  plaintiff,  travelling  in  a  chaise,  drawn  by 
one  horse,  driven  by  the  plaintiff  on  the  same  road,  from  east  to 
to  west,  near  to  the  dwelling  house  ofL.  M.  in 
when  and  where  the  plaintiff  did  turn  and  bear  his  carriage,  to  hir. 
the  plaintiffs,  right  hand,  leaving  ample  room  on  his  left  hand, 

*  If  the  trees,  or  any  of  them,  exceed  one  foot  ia  diameter,  then  state,  also, 
the  value  of  each  tree,  for  which  the  action  is  brought. 

t  If  the  tree  cut,  exceeds  one  foot  in  diameter,  the  penally  is  one   dollar 
and  sixty-seven  cent*. 

91 


166  JUSTICE  OF  THE  PEACE. 

Looser,  vs.  \\  inner. 

in  said  road,  for  the  defendant  to  pas?  in  his  said  waggon,  by  his, 
the  plaintiffs,  said  chaise,  without  injury  to  either.  Yet  the  de- 
fendant did  wantonly  and  carelessly  turn  and  bear  his  said  wag- 
gon to  his,  the  defendants  left  hand,  by  reason  of  which  wanton 
and  careless  conduct  of  the  defendant,  the  left  fore  wheel  of  his 
said  waggon  in  passing  by  the  plaintiffs  said  chaise,  ran  against 
the  left  wheel  of  the  same,  by  which  the  plaintiff's  said  chaise 
was  injured,  to  the  value  of  five  dollars,  and  his  bodily  safety 
greatly  endangered,  against  the  form  of  the  statute,  entitled,  "  an 
act  to  regulate  stage  and  other  drivers."  And  that  by  reason 
of  the  premises,  and  by  force  of  the  statute  aforesaid,  the  de- 
fendant has  forfeited,  and  become  liable  to  pay  to  the  plaintiff  the 
sum  of  fifteen  dollars,  as  the  threefold  amount  of  the  damages 
by  the  defendant  done  to  the  plaintiff,  whereby  an  action  hath 
accrued  to  the  plaintiff,  to  demand,  &c. 

SECT.  III. 

OW  STATUTE  AGAINST  GAMING. 
LOOSER  AGAINST  WINNER    OF  MONEY,  £e. 

To  answer  unto  J.         D.         of  in  a  plea,    that    to  tht 

plaintiff,  the  defendant  render  the  sum  of  dollars,  which  to 
the  plaintiff  the  defendant  justly  owes  for  so  much  money  with- 
in three  months  last  past,  by  the  defendant  at  in  said  county, 
received  of  the  plaintiff,  to  his  use,  being  a  sum  by  the  defendant 
on  the  day  c>f  A.  D.  at  aforesaid,  won,  in  play- 
ing at  cards,  with  the  plaintiff,  and  by  him,  as  the  looser  of  the 
•Tames,  paid,  and  delivered  to  the  defendant,-  contrary  to  the 
form  of  the  statute,  entitled,  an  "  act  against  gaming"  whereby 
an  action  hath  accrued  to  the  plaintiff,  to  demand,"  recover,  and 
have  of  the  defendant,  the  said  sum  of  dollars.  Yet  the 
defendant  hath  never  paid  the  same,  or  any  part  thereof,  to  the 
-plaintiff,  though  often  requested  and  demanded  ;  but  still  unjust- 
Jy  neglects  and  refuses  to  do  it,  to  the  plaintiffs  damage  the  sum 
of  dollars,  &c- 


JUSTICE  OF  THE  PEACE.  163 

Slran  -er,  vs.  Winner,  Qui-tam. 

SECT.  IV. 
A  STRANGER  AGAWST  THE  WIJYNER, 


To  answer  unto  J.  D.  of  who  sues,  as  well  for 
himself,  as  for,  and  in  behalf  of  the  county  of  F.  in  an  action, 
gr  plaint,  for  that  the  plaintilFdeclares  and  says,  that  on  or  about 
the  day  of  A.  D.  one  G.  F.  of  and  the 
defendant,  together  at  played  divers  games  at  cards,  within 
the  space  of  six  hours,  to  wit,  on  the  night  next  following  the 
Jay  of  aforesaid,  and  that  in  the  course  of  the  games  so  play- 
ed by  the  said  G.  F.  and  the  defendant,  he,  the  defen- 
dant, won  and  received,  of  him  the  said  G.  F.  the  sum 
of  five  dollars,  which  said  sum  of  five  dollars  so  won,  by  the  de- 
fendant, and  by  the  said  G.  F.  lost,  in  playing  at  cards 
as  aforesaid,  he  the  said  G.  F.  then  and  there  paid  and 
delivered  to  the  defendant,  contrary  to  the  form  of  the  statute, 
entitled  "  an  act  against  gaming,"  and  that  though  more  than 
three  months  has  elapsed  since  the  day  of  A.  D. 
when  the  saidG  F.  and  the  defendant  together  so  play- 
ed at  cards,  and  the  said  G.  F.  so  lost  and  paid,  and  the 
defendant  so  won  and  received  said  sum  of  five  dollars,  yet  Lhe 
said  G.  F.  hath  not,  bonafide,  without  covin  or  collusion,  su- 
ed, and  with  effect  prosecuted,  the  defendant  for  said  sum  of  rive 
dollars,  so  lost  and  paid  by  him  the  said  G.  F.  whereby  an 
action  hath  accrued  to  the  plaintiff,  \o  demand,  recover,  and 
have  of  the  defendant,  the  sum  of  fifteen  dollars,  being  the  tre- 
ble value  of  said  five  dollars,  so  won  and  received,  by  him,  the 
defendant,  of  the  said  G.  F.  in  manner  aforesaid,  the  one 
moiety  thereof  for  himself,  and  the  other  moiety  therof  for  the 
use  of  the  county  of  yet  the  defendant  hath  never  paid  said 
fifteen  dollars  to  the  plaintiff,  or  any  part  thereof,  though  often 
requested  and  demanded,  but  still  unjustly  neglects  and  refuses 
*o  do  it,  to  the  plaintiffs  damage,  the  surn  of  fifteen  dollars,  &c. 


164  JUSTICE  OF  THE  PEACE. 

Qui-tam,  Against  seller  of  Playing  Cards. — vs.  Mischief  done  by  Dogs. 
SECT.  V. 

QUI-TAM  AGAINST  SELLER  OF  PLAYING  CARDS. 
To   answer  unto  J.         D.         of  S.  aforesaid,  who  as 

well  for  himself  as  for  the  State  of  Connecticut,  in  this  hehalf 
prosecutes,  in  an  action,  or  plaint,  wherein  the  plaintiff  complains 
and  says,  that  on  the  day  of  A.  D.  the  defendant,  at 
said  sold  a  pack  of  playing  cards  to  a  certain  person  to 

the  plaintiff  unknown,  contrary  to  the  form  and  effect  of  the  stat- 
ute, entitled,  "  an  act  agninst  gaming,"  and  by  reason  of  the 
premises  and  by  force  of  the  said  statute,  the  defendant  has  for- 
feited, a»d  became  liable  to  pay,  the  sum  of  seven  dollars,  the  ono 
half  thereof  to  the  plaintiff,  who,  as  well  for  himself  as  for  the 
State  of  Connecticut,  aforesaid,  in  this  behalf  prosecutes,  and  the 
other  half  thereof,  to  the  treasurer  of  said  town  of  S. 
ivhereby  an  action  hath  accrued  to  the  plaintiff,  who  complains, 
and  prosecutes,  as  aforesaid,  to  demand  and  have  of  the  defend- 
ant the  sai  1  sum  of  seven  dollars,  in  manner  and  form  aforesaid, 
yet  the  defendant  hath  never  paid  said  sum,  or  any  part  thereof 
to  the  plaintiff,  though  often  requested  and  demanded  ;  but  still 
unjustly  neglects  and  refuses  to  do  it,  to  the  plaintiffs  damage, 
;n  manner  aforesaid,  the  sum  of  seven  dollars,  and  therefor,  and 
'or  cost,  he  brings  suit.  Hereof  fail  not,  &c. 

SECT.  VI. 

ON  STATUTE,  FOR  PRESENTING  MISCHIEF  BY 
DOGS. 

Against  defendant,  'whose  sons  dog  had  killed  plaintiff 's^Sheep, 

Wherein  the  plaintiff  complains  and  says,  that  th^Celendanf. 
hath  a  son,  named  G.  F.  a  minor,  under  the  age  of  twenty 
one  years,  living  and  Dwelling  with  him,  the  defendant,  and  that 
the  said  G.  F.  is  and  for  more  than  months  last  past, 
has  been  the  owner  and  possessor  of  a  dog,  denominated  blood 
hound,  called  tyger,  and  that  on  the  night  next  following  the 
day  of  A.  D.  the  said  dog,  called  tyger,  while  so  owned 
and  possessed  by  the  said  G.  F,  killed  five  of  the 


JUSTICE  OF  THE  PEACE.  166 

Statute,  vs.    Passins;  Counierl'eit  Hank  notes. 

plaintiffs  sheep,  at  said  in  his,  the  plaintiff's  pasture    feed- 

ing, all  of  the  value  of  fifteen  dollars  ;  whereby  the  plaintiff  hath 
sustained  damage,  to  the  amount  of  the  sura  of  fifteen  dollars,  and 
by  force  of  the  statute,  in  such  case  made  and  provided,  an  r.c- 
tion  hath  accrued  to  him,  to  demand,  have,  and  recover  of  him, 
the  defendant,  the  said  sum  of  fifteen  dollars,  of  all  which  the 
defendant  on  the  day  of  A.  D.  at  aforesaid  had 
notice  :  yet  he  hath  never  paid  said  sum,  nor  any  part  thereof, 
to  the  plaintiff,  though  often  requested  and  demanded,  to  the 
damage  of  the  plaintiff  the  sum  of  fifteen  dollars,  &o. 

SECT.  VII. 

OJV  STATUTE,    TO   PREJ'ENT  PASSING    COUN- 
TERFEIT BILLS,  &c. 

Against  defendant,  rslio  had  passed  a  counterfeit  bank  note  to  the 
plaintiff. 

' >,  to  answer  unto  J.      D.         of  in  an  action,  or  plaint, 

wfoerein  the  plaintiff  complains,  and  says,  that  on  the         day  of 
A.  D.         the  defendant,  at  for  a  valuable  consid- 

eration then  and  there  received  of  the  plaintiff,  passed,  and  put 
off  to  him  as  true  and  genuine,  a  false,  forged,  and  counterfeit 
note,  purporting  to  be,  and  bearing  the  likeness  and  similitude 
of  a  note  issued  by  the  bank,  established  at  for  (he 

sum  of  five  dollars  ;  bearing  date  the         day  of  A.  D. 

numbered         payable  to  or  bearer,  on  demand,  and  sign 

ed  by  president,  and  countersigned  by  cashier  ; 

and  that  the  plaintiff,  then  and  there  ignorant,  that  the  said  note 
was  Talse,  forged,  ind  counterfeit,  and  believing  and  trusting 
that  the  same  note  was  a  true  and  genuine  note  of  said  bank  ac- 
£ording  as  it  purported  to  be,  took,  and  received  the  same  note, 
for,  and  in  lieu  of  the  sum  of  five  dollars,  in  good  and  lawful 
money  of  this  slate.  And  that  afterwards,  to  wit,  on  the 
day  of  A.  D.  the  plaintiff  having  discovered  that  the 

same  note  was,  in  truth,  false,  forged,  and  counterfeit,  and  not 
a  true  and  genuine  note  of  said  bank,  delivered  the  same  faf^e, 
forged,  and  counterfeit  note,  to  J.  B.  Esquire,  one  of 


166  JUSTICE  OF  THE  PEACE. 


Statute  vs.  Passing  Counterfeit  Bank  notes. 


the  justices  of  the  peace  for  the  county  of  aforesaid,  at 

aforesaid,  and  informed  him,  the  said  justice  B.  that  he,  the 
plaintiff,  concluded  the  same  note  to  be  false,  forged,  and  coun- 
terfeit, and  that  the  said  justice  B.  then  and  there  received 
the  said  note  from  him  the  plaintiff,  as  false,  forged,  and  coun- 
terfeit, as  aforesaid,  and  that  afterwards,  to  wit,  on  the  day 
of  A.  D.  the  plaintiff  went  to  him,  the  defendant,  at 

aforesaid,  and  then  and  there  informed  him,  the  defend- 
ant, that  said  note  had  been  by  the  plaintiff  so  lodged  with  the 
said  justice  B.  and  then  and  there  demanded  of  the  defend- 
ant payment  for  the  same  note,  who  then  ami  ever  since  hath 
refused,  and  neglected  to  make  the  plaintiff  satisfaction  therefor, 
and  that  by  reason  of  the  premises,  the  plaintiff  hath  sustained 
damages  to  the  amount  of  seven  dollars,  of  all  which  the  de- 
fendant afterwards,  to  wit,  on  the  day  of  A.  D.  at 
aforesaid,  had  notice.  And  that  by  reason  of  the  pre- 
mises, and  by  force  of  the  statute,  in  such  case  made  and  pro- 
vided, an  action  hath  accrued  to  the  plaintiff,  to  demand,  recover, 
and  have,  of  the  defendant,  the  said  sum  of  seven  dollars;  yet 
the  defendant  hath  never  paid  the  same,  nor  any  part  thereof  to 
the  plaintiff,  though  often  requested  and  demanded  ;  but  still  un- 
justly neglects  and  refuses  to  do  it,  to  the  plaintiff's  damage  the 
sum  of  seven  dollars  ;  and  therefor,  and  for  cost,  he  brings  this 
suit,  &c. 

PLEA. 

Not  Guilty. 

RECORD. 

F.  county,  ss.  S. 

At  a  court  held  on  the         day  of  iz.c.         J.         D. 

against  G.         F.         of  action  on  statute,  to  prevent  pas- 

sing Counterfeit  bills,  &.c.  for  that  on  the       day  of  A.  O. 

the  defendant  at  for  a  valuable  consideration,  («£•<;.  pursu- 

ing the  declaration  as  far  as  the  demand  of  damages,  as  in 
other  cases,)  to  which  the  defendant  pleads,  that  lie  is  notguiity, 
^manner  and  form,  a?  is  in  the  plaintiff'?  declaration  alledged  ; 


JUSTICE  OF  THE  PEACE.  167 

Statute,  vs.   Passing  Counterfeit  Bank  notes. 

and  thereof  puts  himself  on  trial,  and  the  plaintiff  likewise.  I 
the  said  justice  B.  having  enquired  into  the  equity  of  the 
case,  by  examining  the  parties  under  oath,  and  taking  all  other 
legal  evidence  adduced  by  the  parties,  and  well  weighed  the 
same,  together  with  the  arguments  by  them  respectively  urged, 
do  find  that  the  defendant  is  guilty,  in  manner  and  form,  as  is  in 
the  plaintiff's  declaration  alledged.  And  that  the  plaintiff  is 
thereby  damaged  to  the  sum  of  whereupon  it  is  consider- 

ed by  this  court,  that  the  plaintiff  recover  of  the  defendant,  the 
sum  of  dollars,  damages,  together  with  his  cost,  taxed  at 

the  sum  of  dollars  and  cents,  and  that  execution  issue  there- 
for accordingly. 

J.        B.         Justice  of  the  Peace, 


168  JUSTICE  OF  THE  PEACE. 


Actions  for  Forts. 


CHAPTER  III. 

SECTION  I. 
ACTIONS  FOUNDED  ON  FORTS, 

Trespass  and  Case. 

T^ 
HESE  actions  may  be  maintained  by,  and  against  in- 
fants, as  well  as  adults.  When  an  infant  sues,  he  must  do  it  by 
his  next  friend,*  or  guardian,  but  must  defend  by  guardian, 
Husband  and  wife  must  join,  for  a  battery  of  the  wife.  [A  pa- 
rent, or  master,  may  maintain  trespass  on  the  case,  for  an 
assault  upon  his  child,  or  servant,  alledging  that  he  thereby 
lost  the  service  of  such  child  or  servant.  This  right  is  not  con- 
fined to  the  infancy  of  the  child,  or  servant,  but  subsists  so  long 
as  they  remain  members  of  his  family.  In  such  cases,  the  child, 
or  servant,  assaulted,  or  beaten,  may  be  a  witness.]  In  assault 
and  battery,  as  in  all  other  actions  of  trespass,  the  declaration 
must  charge  the  offence  as  committed  with  force  and  arms,  and 
against  the  peace  ;  and,  as  also  in  trespass  on  the  case,  the  gen- 
eral issue,  is  not  guilty.  Under  that  plea,  the  defendant  may 
give  in  evidence,  whatsoever  in  law  will  defend  him,  from  the 
recovery  of  the  plaintiff  in  the  action,  excepting  only  a  discharge 
from  him,  or  his  award,  or  some  other  special  matter,  whereby 
the  defendant,  by  act  of  the  plaintiff,  is  saved,  or  acquitted. 


*  An  infant  cannot  sue,  by  next  friend,  if  he  has  a  guardian.  unless  in  sui; 
Brought  aerainet  st'ch 


JUSTICE  OF  THE  PEACE. 


On  Torts.  Assault  and  Battery. 


ASSAULT  AND  BATTERY. 
INFANT  AGAINST  1  WANTS. 

WRIT  AND  DECLARATION. 

To  the  sheriff  of  the  county  of  his  deputy,   or  either  of' 

the  constables  of  the  town  of  within  said  county,  Greeting  : 

By  authority  of  the  Stats  of  Connecticut,  you  are  hereby  com- 
manded to  summon  A,  B,  &.  C,  all  of  in  said  county,  in- 

fants, under  the  age  of  twenty-one  years,  and  children  of  G. 
F.         of  said  to  appear  before  J.         B.         Esquire,  a 

justice  of  the  peace  in  and  for  the  county  of  on  the 

day  of  A.  D.         at  in  the  noon,  at  his  dwelling 

house  in  in  said  county,  then  and  there  to  answer  unto  L. 

D.         of  an  infant,    under  the  age  of  twenty-one  years, 

who  sues  by  E.  F.  his  next  friend,  (or  by  his  guardian) 
in  a  plea  of  trespass,  wherein  the  plaintiff  complains  and  says, 
that  on  the  day  of  A.  D.  the  defendants  at 

with  force  and  arms,  an  assault  upon  the  body  of  the  plaintiff 
made,  and  him,  the  plaintiff,  then  and  there,  with  like  force  and 
arms,  to  wit,  with  fists,  clubs,  slicks,  and  stones,  the  defendants 
did  beat,  bruise,  wound,  and  evilly  entreat,  and  other  injuries 
and  enormities  to  the  plaintiff  the  defendants  then  and  there  did, 
against  the  peace,  and  contrary  to  law,  and  to  the  plaintiff's  dam- 
age the  sum  of  dollars.  J^nd  therefor,  and  for  cost,  thi« 

suit  is  brought  ;  and  you  are  also  required  to*  notify  the  said  G. 
F.         the  father,    and   natural  guardian,   to  the  defendants,   to 
appear,  if  he  see  cause,  at  the  time  and  place  of  trial,    in  behalf 
of  his  said  children,   to  defend  in  this  action.       Hereof  fail  not, 
and  make  due  return. 

Dated  at  this         day  of  A.  D. 

The  state  duty  of  seventeen  cents  is  paid  hereon,  and  D. 
II.         recognized  in  $  for  prosecution,  &tc.  before  me. 

J.         B.         Justice  of  the  Peace  : 

*  The  notice  here  directed  to  be  given,  is  a  mere  matter  of  difcr^sion,  a* 
the  justice  has  authorifv  to  appoint  any  other  person,  who  v.-ill  render  it,  tr> 
defond  the  minor?. 


17€  JUSTICE  OF  THE  PEACE. 


On  Torts. 


OFFICER'S  RETURN. 

F.  county,  ss.  S.  On  the         day  of  A.  D. 

I  read  this  writ  in  the  hearing  of  the  within  named    defendants, 
and   left  at  the    usual   place  of  abode  of  the  said  G.         F. 
their  father,  and  natural  guardian,  a  true  and  attested  copy  there 
of. 

Attest.  M.         N.         Constable. 

PL  Ed. 

F.  county,  ss.  S. 

Now  the  defendants  came  into  court,  and  by  G.          F. 
their  natural  guardian,   severally   defend,  plead,  and  say,  they 
are  not  guilty,  in  manner  and  form,  as  is  in  the  plaintiffs    decla 
ration  alledged  ;  and  hereof  they  put  themselves  on  trial, 

by          G.         F. 
Their  natural  Guardian. 

And  the  plaintiff  likewise,  by      E.         F. 

His  ne.\t  friend. 

RECORD. 

F.  county,  ss.  S. 

At  a  court  held  on  the  day  of  A.  D.  at 

in  the  county  of  before  J,  Esquire,  one  of 

the  justices  of  the  peace  for  said  county,  L.         D.         of 
an  infant,  under  the  age  of  twenty  one  years,  who  sues  by  E. 
F.         his  next  friend,  against  A.  B.          and  C.  all  of 

and   infants,   under  the  age  of  twenty  one  years,  in  an 
action  of  assault  and  battery,  for  that  on  the  day  of 

A.  D.         the  defendants  at  aforesaid,  with  force  and  arms. 

an  assault  made  on  the  body  of  the  plaintiff,  and  him  the  plain- 
tiff with  like  force  and  arms,  to  wit,  with  clubs,  sticks,  and 
stones,  the  defendant  did  then  and  there  beat,  bruise,  wound, 
a,nd  evilly  entreat,  and  other  injuries  and  enormities  to  the 
plaintiff  the  defendants  then  and  there  did  ;  against  the  peace, 
and  contrary  to  law,  and  to  the  plaintiffs  damage,  the  sum  of 
dollars.  And  the  defendants  come  into  court,  and  by 
their  natural  guardian  G.  F.  severally  defend, 

plead,  and    say,  that  they  are  not  guilty,   in  manner  and  form. 


JUSTICE  OF  THE  PEACE.  171 

O.i   ;-.»r.s     i  .'•>•'.  ii  a.i.i  Arre,  vs.  Husband  and  Wh'e,  Assault,,  S(C. 

as  in  the  plaintiff's  declaration  is  alledgcd,  and  thereof  put 
themselves  on  trial  ;  and  the  plaintiff,  by  E.  F.  his 

next  friend,  doth  the  like.  Having  fully  heard  the  evidence  ad- 
duced and  arguments  suggested  by  the  parties,  I  the  said  justice 
B.  do  find  that  the  said  A.  and  B.  are  guilty,  and 

that  the  said  C.  is  not  guilty,  in  manner  and  form,  as  is  in 
the  plaintiff's  declaration-  alledged  ;  whereupon  it  is  consider- 
ed by  me,  the  said  justice  B.  that  the  plaintiff  recover  of 
the  said  A.  and  B.  the  sum  of  damages,  together 
with  his  cost,  taxed  at  and  that  execution  issue  therefor 
accordingly.  And  that  the  said  C.  recover  his  cost  of  the 
plaintiff,  taxed  at  and  that  execution  issue  therefor  ac- 
cordingly. 

/.  B.  Justice  of  the  Peace. 

HUSBAND  AND  WIFE,  AGAINST  HUSBAND  AND 

WIFE. 

Writ  and  Declaration. 
Summon  G.         F.  and  M.  F.  his  wife,  both  of 

4-c.  to  answer  unto  R.         R.         and  M.          R. 
his  wife,  both  of  &c    in  a  plea  of  trespass,    wherein  the 

plaintiffs  complain  and  say,  that  on  the         day  of  A.  D. 

at  the  said  M.  F.  with  force  and  arms, 

upon  the  body  of  M.  R.  an  assault  made,  and  then  and 
there,  with  like  force  and  arms,  to  wit,  with  shovels,  tongs,  and 
broomsticks,  her  the  said  M.  R.  she,  the  said  M. 

F.  did  beat,  bruise,  wound,  and  evilly  entreat,   and  other 

injuries  and  enormities  to  the  said  M.         R.         the  said  M. 
F.  then  and  there  did,  against  the  peace,  and  contrary  tc 

law  ;  to  the  damage  of  the  plaintiffs  the  sum  of,  &r. 

PLEA. 

And  the  defendants  in  court  defend,  plead,  and  say,  that  the 
said  M.  F.  is  not  guilty,  in  manner  and  form,  as  in  the 
plaintiffs  declaration  is  alledged,  and  hereof  put  her  upon  trial. 

G.         F.  and  M.  F. 

And  the  plaintiffs  likewise.    U.         R.         and  M.          R. 


JUSTICE  OF  THE  PEACE. 


On  Torts.  For  Battelgrof  Servant.—  With  False  Imprisonment. 

RECORD. 

F.         county,  ss. 

At  a  court,  &c.  R.  R.  and  M.  R.  his  wife, 
against  G.  F.  and  M.  F.  his  wife,  action  of  as^ 
sault  and  battery,  for  that  the  said  M.  F.  &.c.  {pursuing 
the  declaration  and  plea,  as  in  the  preceding  record.*)  Having 
heard,  &c.  I  the  said  justice  B.  do  find,  that  the  said  M. 
V.  is  guilty,  &c.  and  do  thereupon  consider,  that  the  plaint- 
iffs recover  of  the  defendants,  &.c. 

BY  MASTER  FOR  BATTERY  OF  HIS  SERVANT, 

•f  -  ,  an  assault  made  upon  L.         M.         of          then  and  there 
a  servant  of  the   plaintiff,    and  then   and  there    with  like   force 
and  arms,  to  wit,  with  clubs,  sticks,  an  stones,  him  the  said  L. 
M.         he  the  said  G.         F.         did  beat,   bruise,    wound,  and 
evily  entreat,  and  other  injuries  and  enormities  to  the  said  L. 
M.         he  the.  said  G.         F.         then  and  there  did,  against  the 
peace,  and  contrary  to  law  ;  by  which  the  plaintiff  lost  the   ser- 
vice of  the  said  L.         M.         for  the  space  of  twenty    day?,   to 
his  damage  dollars  ;  and  therefor,   and  lor  cost,  he   brings 

suit,  &c. 

ASSAULT,  WITH  FALSE  IMPRISONMENT. 

-  -  ,  with  force  and  arms,  an  assault  upon  the  plaintiff  made, 
and  him,  then  and  there  beat,  bruise,  wounded,  and  imprisoned, 
and  then  and  there  detained  in  prison,  for  the  space  of  days, 
viz.  from  the  day  of  A.  D.  to  the  day  of 

A.  D.  against  the  will  of  the  plaintiff  ;  and  other  injuries  and 
enormities  to  the  plaintiff  the  defendant  then  and  there  did, 
against  the  peace,  and  contrary  to  law  ;  and  to  the  plaintiff'.? 
damage,  the  sum  of  dollars. 

NOTE.  Ever  so  short  a  confinement,  against  the  will  of  the 
oluintiff",  and  without  right,  any  where,  and  by  what  ever  means,. 
•vt  false  imprisonment,  and  will  support  an  action. 


JUSTICE  OF  THE  PEACE.  173 


On  Torts.  Slander. 


SECT.  II. 


Slander  is  the  defacing  a  man  in  bis  reputation,  by  speaking 
or  writing  words  concerning  him,  falsely,  and  maliciously,  by 
which  he  sustains  an  injury,  in  character  or  property.  This 
slander  may  be  effected  by  speaking  or  writing,  and  also  by  signs 
or  pictures.  Words  are  actionable  in  themselves,  which  charge, 
or  import  the  charge  of  a  crime,  which  brings  the  accused  iu 
danger  of  some  corporal  punishment,  (a)  or  tends  to  exclude  him 
from  sotu-ty,  or  injure  him,  in  his  trade  or  profession,  or  to  hi- 
removal  from  an  office  of  dignity,  trust,  or  profit,  (a)  &r  to  in- 
jure his  title  to  his  estate. 

DECLARATION, 

-  ,  in  a  plea  of  trespas?  on  the  case,  wherein  the  plaintiff 
complains,  and  says,  that  whereas  the  plaintiff  is  a  good,  faithful, 
and  honest  citizen  of  this  state,  and  from  his  nativity  hitherto 
hath  carried,  and  behaved  himself,  as  a  good,  faithful,  and  hon- 
est citizen  of  the  state,  and  has  been  always  known,  reputed,  anA 
estfremed,  amongst  all  the  good  and  faithful  citizens  of  this  state4 
to  whom  the  plaintiff  was  known,  to  be  of  good  name,  fame,  and 
reputation,  without  any  spot  or  stain  of  the  crime  of  theft.  Yet 
the  defendant,  well  knowing  the  plaintiff  to  be  such  good,  faith- 
i'ul,  and  honest  citizen,  and  to  be  of  good  name,  fame,  and  repu- 
tation as  aforesaid,  and  to  be  held,  reputed,  and  esteemed  as 
aforesaid,  without  evc-r  being  suspected  of  the  crime  of  theft,  and 
minding,  and  wickedly  intending,  maliciously  to  injure  the  plain- 
tiff in  this  particular,  on  or  about  the  day  of  A.  D. 

and  at  divers  days  and  times,  between  the  day  last  aforesaid,  and 
the  day  of  the  date  of  the  plaintiff's  writ,  did  at  afdre- 

said,  wilfully  and  maliciously  speak,  utter,  and  publish  of  and 
concerning  the  plaintiff,  in  the  presence  and  hearing  of  divere 
good  citizens  of  this  state,  these  false,  feigned,  and  scandalous 
words  following,  to  wit,  He,  (meaning  the  plaintiff}  is  a  thief. 
He,  (meaning  the  plaintiff-'}  stole  a  bushel  of  corn  out  of  B's  mill, 
(meaning  a  mill  owned  by  one  in  said  )  He,  (mean- 

ing the  plalntijf]  is  light  fingered,  ,  .r.eaning  that  the  plaintiff  h*4 
(a)  Swift's  System  :  33,  39/40,  41. 


J74  JUSTICE  OF  THE  PEACE. 


On  Torts.  Trover. 


been  guilty  of  the  crime  of  theft)  and  the  miller  will  prove 

it  ;  by  reason  of  which  said  false,  feigned,  and  scandalous  words, 
the  plaintiff  is  not  only  grievously  hurt  in  his  good  name,  fame, 
and  reputation,  and  endangered  of  public  prosecution,  for  the 
crime  of  theft,  but  is  also  very  much  prejudiced  in  divers,  his 
honest  and  lawful  employments  ;  to  his  damage  the  sum  of 
dollars,  and  therefor,  and  for  cost,  &c. 

SECT.  HI. 

TROVER, 

Trover  is  a  special  action,  which  any  man  may  have  against 
another,  who  has  in  his  possession  any  of  his  goods,  by  finding 
delivery,  or  otherwise,  or  sells,  or  makes  use  of  them  without  his 
consent,  or  refuses  to  deliver  them  on  demand  ;  and  it  is  for  the 
recovery  of  damages,  to  the  value  of  the  goods,  and  therefore 
the  declaration  ought  to  contain  convenient  certainty  in  the  de- 
scription of  the  things,  so  that  the  triers  may  know  what  is  there- 
by meant  rt) 


To  answer  unto  J.  D.  of  in  a  plea  of  trespass  on 
the  case,  wherein  the  plaintiff  complains,  and  says,  that  on  or 
about  the  day  of  A.  D.  at  aforesaid,  he  possessed 
as  his  own  proper  goods,  and  chattels,  one  certain  black  heifer, 
of  the  age  of  one  year,  of  the  value  of  dollars,  arid  being  so 
possessed,  continued  so  possessed  until  afterwards,  on  or  about 
the  same  day  of  aforesaid,  at  aforesaid,  the  said  heifer 
out  of  the  possession  of  the  plaintiff,  casually  went,  and  was  lost, 
and  immediately  into  the  possesion  of  the  defendant  by  finding 
came.  Yet  the  defendant,  well  knowing  the  said  heifer  of  right 
to  belong  to  the  plaintiff,  and  to  be  his  proper  goods,  and  chat- 
tels, though  often  requested,  hath  not  delivered  the  same  to  the 
plaintiff,  but  afterwards,  to  wit,  on  the  same  day  and  year  last 
above  said,  at  converted  the  same  heifer  to  his  Ihe  defendant's 
own  use,  to  the  damage  of  the  plaintiff  the  .«iim  of  dollars,  &c, 

•V)  Bui.  on?.  H? 


JUSTICE  OF  THE  PEACE. 


On  Torts.  Deceit. 


SECT.  IV. 

DECEIT. 
DECLARATION, 

--  ,  wherein  the  plaintiff  complains,  that  on  the  day  01 
A.  D.  at  the  defendant,  being  in  possession  of  a  cow,  un- 
nny,  disorderly,  and  accustomed  to  over  leap  and  break  down 
fences,  did  to  induce  the  plaintiff  to  purchase  said  co\v  of  him, 
the  defendant,  then  and  there  falsely,  and  deceitfully,  affirm  and 
declare  to  the  plaintiff,  that  the  said  cow  was  an  orderly  cow,  in 
nowise  unruly,  nor  accustomed  to  overleap,  or  to  break  down 
fences  ;  and  that  the  plaintiff  then  and  there  confiding  in  the 
aforesaid  declaration  of  the  defendant,  in  relation  to  said  cow, 
that  they  were  true  and  in  good  faith  made,  then  and  there  pur- 
chased of  him  the  defendant  the  said  cow,  for  a  great  sum  of  mon- 
ey to  wit,  for  the  sum  of  then  and  there  by  the  plaintiff  to 
the  defendant  paid,  and  then  and  there  received  said  cow  of  him, 
the  defendant.  And  the  plaintiff  in  fact  saith,  that  the  said  cow 
so  by  him  purchased  of  the  defendant  then  was,  and  fora  long 
time  had  been,  and  still  is  unruly,  disorderly,  and  accustomed  to 
overleap  and  break  down  fences  ;  and  that  the  defendant  at  the 
time  of  his  making  the  false  and  deceitful  declaration  above 
stated,  concerning  said  cow,  well  knew  that  said  cow,  then  and 
there  was,  and  fora  long  time  had  been  unruly,  disorderly,  am! 
accustomed  to  overleap  and  break  down  fences  :  by  all  which 
(he  plaintiff  was  greatly  deceived  and  defrauded,  to  his  damage 
,ln;  sum  of  which  to  recover,  withro-t.  hn  hrin^  *'jit 

SECT.  V. 

TRESPASS'. 
On  Personal  Properly. 

In  a  plea  oi  trespass,  wherein  the  plaintiff  complains  and  says,. 
;bat  on  the  day  of  A.  D.  the  defendant,  with  force 
and  arms,  at  said  chased  with  a  dog,  and  with  clubs,  and 

stpnes,  beat,  wounded,  and  killed  ten  of  the  plaint  ;!s  geese,  oi 
*.he  value  of  five  dollar*  ,  and  othor  in'mrips  and  onormiti-".s  tt 


170  JUSTICE  OF  THE 


On  Torts.     Trespass  on  Personal  Property. 


the  plaintiff  the  defendant  then  and  there  did,  against  the  peace, 
and   contrary  to  law  ;  and  to  the  plaintiff's   damage  ant! 

therefor,  kc. 

0,Y  REAL  PROPERTY. 

In  a  plea  of  trespass,  wherein  the  plaintiff  declares  and  say  if,- 
that  on  the         day  of         A.  D.         the  defendant,  with  force 
and  nrvs,  broke  and  entered  the  plaintiff's  close,  situate  in 
bounded,  (here  describe  the  bounds,}  and  the  plaintiff's  wood  and 
timber  till  then  there  standing,  and  growing,  of  the  value  of 
dollars,  did  cut  and  carry  away,  and  other  injuries  and  enormities 
to  Ibe  plaintiff  the  defendant  <hen  and  there  did.  against  the  peace, 
and  contrary  to  law,    and  to  the  plaintiff's  damage  dollars, 

and  therefor,  &c. 

MOTHER,  WITH  CONTIXUAMDO. 

In  a  plea  of  trespass,  wherein  the  plaintiff  complains  and  says, 
that  on  the         day  of  A.  D.         and  at  divers  other  days 

and  times,  between  that  day  and  the          day  of  A.  D. 

the  defendant  with  force  and  arm?,  broke  and  entered  the  plain- 
tiff's close,  situate  to  wit.  one  bounded,  (&c. 
and  another  bounded,  &c.)  both  in  aforesaid,  and  trod 
down,  and  consumed,  and  spoiled  the  plaintiff's  grass,  and  wheat, 
ef  the  value  of  dollars,  then  and  there  growing,  w:th  his  feet 
in  walking  ;  and  ate  up,  and  trod  down,  consumed,  and  spoiled, 
ether  the  grass,  wheat,  rye,  and  flax,  of  the  plaintiff,  of  the  value 
of  other  dollars,  with  certain  cattle,  to  wit,  with  horses, 
oxen,  cows,  and  sheep,  and  reaped,  mowed,  and  cut  down  other 
the  grass,  wheat,  and  rye,  of  the  plaintiff,  of  the  value  of 
dollars,  there  then  standing,  growing,  and  being ;  and  took  and 
carried  away  the  same,  and  with  the  wheels  of  carts,  waggons, 
and  other  carriages,  tore  up,  turned  up,  subverted,  and  spoiled 
acres  of  the  soil  of  the  plaintiff,  in  and  of  the  said  closes, 
to  his  damage  dollars,  &c. 

PLEA. 

F.  county,  ss.  S.  On  this     day  of  A.  D* 

the  defendant  comes  into  court,  and  defend?  the  wrong  and  inin- 


JUSTICE  OF  THE  PEACE.          17? 

Trespass  on  Personal  Property^ 

ry,  where,  &c.  and  says  that  the  plaintiff  ought  not  *0  jiave  o,. 
maintain  his  said  action  against  him,  but  thereof  ought tu)e  fjar, 
red,  for  that  the  defendant  says,  that  at  the  time  of  doing  the^, 
in  said  declaration  set  forth,  the  defendant  was  seized,  and  po, 
sessed,  and  for  more  than  three  years  last  past,  had  been  seized 
and  possessed  of  the  land  on  which,  &c.  in  his  own  right,  in  fee  ; 
wherefore,  as  the  owner  of  the  land,  on  which,  &c.  he  entered 
thereon,  and  did  the  facts  complained  of,  as  well  he  might.  And 
this  he  is  ready  to  verify,  and  hereof  puts  himself  on  trial. 

G.         F. 
Andtheplaintifflikewise.  J.    '     D 

RECORD. 

F.  County,  ss.  S. 

At  a  court  held  on  the         day  of  A.  D.         at 

in  said  county,  before  J,  B.  Esquire,  one  of  the  justice.01 
of  the  peace  for  said  county,  J.  D.  of  against  G. 

F.         of  in  an  action  of  trespass,   for  breaking  and  en- 

tering the  plaintiff's  close,  at  &,c.'1he  defendant   pleads, 

that  he  is  not  guilty,  for  that  he  is,  and  for  more  than  three  year.1 
last  past,  has  been  seized  and  possessed  of  the  land  on  which, 
SfC.  in  his  own  right,  in  fee,  and  as  owner  thereof,  did  the  facts 
complained  of,  and  thereof  puts  himself  on  trial,  and  the  plain- 
tiff likewise,  whereupon  it  is  considered  by  this  court,  that  the 
defendant  recognize  with  one  sufficient  surety,  to  the  plaintiff, 
in  the  sum  of  sixty-seven  dollars,  to  pursue  his  plea,  and  bring 
forward  a  suit,  for  the  trial  of  his  title  to  said  land,  at  the  County 
Court,  to  be  held  on  the  Tuesday  of  A.  D.  at 

in  and  for  county,  and  pay  and  satisfy  all  damages  and 

cost,  which  shall  be  awarded  against  him  therein.  And  the  said 
J.  D.  and  L.  M.  of  come  before  me  the 

said  justice  B.  and  acknowledge  themselves  jointly  and  se- 
verally bound  to  the  said  G.  F.  in  a  recognizance  of  six- 
ty seven  dollars,  that  the  said  J.  D.  shall  pursue  his  said 
plea  before  said  County  Court,  to  full  effect,  and  bring  forward  a 
suit  for  the  trial  of  his  title  to  said  land,  and  answer  all  costs  and 
damages,  in  case  he  make  not  his  plea  good. 

J.          B.          Justice  nftbc  Feoc.c 


JUSTICE  OF  THE  PEACE. 

Holding  over  of  estate  leased. 


CHAPTER  IV. 

SECT.  I. 

HOLDING  OVER  OF  ESTATE  LEASED. 
COMPLAINT. 

To  J.         B.         Esquire,  one  of  the  justices  of  the  peace  for 

F.  county,  comes  J.         D.         of  S.  in  said   coun 
ty,  and  complains,  that  on  the         day  of         A.  D.         the  said 
J.         D.        demised,  lessed,  and  to  farm  let,  unto  G.         F. 

of  S.  aforesaid,  a  messuage  with  the  appurtenances  there- 

of, consisting  of  a  dwelling  house,  garden,  and  yards,  situated  in 
said  S.  and  bounded  (Jiere  describe  the  boundaries,}  for 

the  term  of  from  the         day  of         A.  D.         To  he  com- 

pleted and  ended,  to  wit,  on  the       day  of      A.  D.       And  that 
on  the         day  of         A-  D.         the  said  J.         D.          gave  no- 
tice, in  writing,  to  the  said  G.         F.         to  quit  possession   of 
said  messuage  to  the  plaintiff,   on  or  before  the         day  of 
A.  D.         which  notice  was  in  the  form  following,  to  wit.  "  To 

G.  F.         of  I  hereby   give  you  notice,  that  you   are 
to  quit  possession  of  the  house,  garden,  and  yards,  belonging   to 
me,  situate  in  S.  and  bounded  (  tyc.  )   now  occupied   br 
you,   on  or  before  the         day  of         A.   D.       .  "      Dated  the 

day  of      A.  D.       J.         D.         a  copy  of  which  notice  wa? 
on  the         day  of         A.   D.         delivered  unto  the  said  G. 
F.         (or  left  at  his  place  of  residence  in  said  S.  )  in  the 

presence    of  A.         B.         of  a  credible  witness,  and  an- 

other copy  thereof  remains  with  the  said  J.  D.  ready  to 
be  produced  in  court.  And  that  the  said  G.  F.  regar  d- 
Jess  of  said  notice,  and  demand  of  the  complainant,  hath  not  quit- 
ted the  possession  of  said  messuage,  to  him,  though  the  day  01; 
which,  by  the  statute  in  such  case  made  and  provided,  he  ought, 
in  pursuance  of  said  notice,  to  have  quitted  the  same,  hath  long 
since  elapsed,  and  gone  by,  and  though  often  requested  to  do  it, 
and  still  unjustly  holds  possession  thereof.  Whereupon  thj  said 
J.  P.  in  pursuance  of  the  statute  aforesaid,  prays  that 


JUSTICE  OF  THE  PEACE.  J70 

Holding  over   of  estate  leased. 

a  summons  may  be  issued  to  the  said  G.  F.  to  appear 
before  the  said  justice  B.  to  answer  to  the  complaint  of  him, 
the  said  J.  D.  above  set  forth,  and  to  show  reason,  it 
any  he  has,  why  he  should  not  quit  possession  of  said  messuage, 
to  him  the  said  J.  D. 

Dated  at  this         day  of        A.  D. 

J.         D. 

SUMMONS. 

To  the  Sheriff  of  the  county  of  F.  his  deputy,  oreithei 

of  the  constables  of  S.  within  said  county,         Greeting: 

By  authority  of  the  State  of  Connecticut,  you  are  hereby 
commanded  to  summon  G.  F.  of  said  S.  named  in 

in  the  foregoing  complaint,  to  appear  before  me,  J.          B. 
Esquire,  one  of  the  justices  of  the  peace  for  F.  county,  on 

the         day  of         A.   D.         at         o'clock  in  the      noon,  at 
dwelling  house  in  said  S.  to  answer  the  said  complaint  oi 

J.  D.  and  show  reason,  if  any  he  have,  why  he  should 
not  quit  possession  of  the  messuage  therein  described,  to  him  the 
saidJ.  D.  and  pay  the  cost  of  this  process. 

Hereof  fail  not,  and  make  due  return,  according  to  law. 
Dated  at  this          day  of         A.   D. 

The  State  duty  of  seventeen  cents  is  paid  bereon,  and  J. 
D.         with  &.         F.         his  surety,  jointly  and   severally,  re- 
cognized in  the  sum  of  $  for  prosecution,  &c.  before  me. 
J.         B.         Justice  of  the  Ptacc 

OFFICER'S  RETURN. 

jJs  in  other  cases  of  summons. 
PLEA. 

Not  guii/y. 

VENIRE  FACIAS. 

To  either  constable  of  the  town  of  S.  within  the  county 

vt  F.  Greeting  : 

By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded to  cause  to  come  before  me  J.  B.  Esquire,  one 
of  the  justices  of  the  peace  for  F.  county,  on  tho  day 


180  JUSTICE  OF  THE  PEACE. 

Holding  over  of  estate  leased. 

of  A.  D.          at     o'clock  in  the  noon,  at  dwel- 

ling house  in  said  S.  six  disinterested  free-holders  of  said 

S.  to  enquire  whether  G.  F.  of  said  S.  the 

lessee  of  a  messuage,  and  appurtenances  thereof,  consisting  of  a 
dwelling  house,  garden,  and  yards,    belonging  to  J.         .  D. 
of  said  S.  and  situated  in  S.  aforesaid,  and  wheth- 

er the  said  G.  F.  holds  over  the  term  of  his  lease,  and 
whether  notice  has  been  given  him  to  quit  said  premises,  accord- 
ing to  the  requirements  of  the  statute,  in  such  case  made  and 
provided,  and  whether  said  G.  F.  holds  possession  there- 
of, after  the  expiration  of  the  time,  by  said  statute  limited  to  him. 
Hereof  fail  not,  and  of  this  precept,  and  your  doings  thereon, 
due  return  make,  as  the  law  requires. 

Dated  at  this         day  of  A.  D. 

J.          B.          Justice  of  the  Peace. 

OFFICER'S  RETURN  OF  THE  VENIRE. 
F.  county,  ss.  July  A.  D. 

The  execution  of  this  writ  appears  in  a  pannel  hereto  annexed. 

M.         C.         Constable. 

Names  of  the  jurors  between  J.  D.  complainant,  and 
G.  F.  defendant,  in  a  case  for  holding  over  leased  es- 
tate. 

\.         B.         N 

C.         D.          J 

£.         F.          f      all  free  holders  of  sakl  S. 

G.         H.  disinterested  between  the  parties, 

I.  J.          \ 

K.         L.         ) 

M.         C.         Constable. 
(Jurors1  oath  the  same  as  in  other  civil  cases.") 

VERDICT. 

F.  county,  ss.  S.  J.         D.         against  G. 

F.         for  holding  over. 

In  this  case  the  jury  find  that  the  defendant  is  the  lessee  of  the 
complainant,  and  that  he  holds  over  the  term  of  his  lease,  and 
that  notice,  as  the  law  requires,  has  been  given  to  him  to  quit, 


Foi 


JUSTICE  OF  THE  PEACE.  i81 

Holding  over  of  estate  leased. 

and  that  he  holds   possession  since   the  expiration   of  the  time 
therein  specified,  as  in  the  complainant's  complaint  is  alledged. 

A.  B.         Foreman. 

C.  D. 

E.  F. 

G.  H.           V  Jurors. 

I.  J. 

K.  I. 

RECORD. 

F.  county,  ss.  S. 

At  a  court  held  on  the  day  of  A.  D.  at  in  the 
county  of  F.  before  J.  B.  Esquire,  one  of  the  justices 
of  the  peace,  for  said  coupty,  J.  D.  of  complainant, 
against  G.  F.  defendant,  for  holding  over  of  leas- 

ed estate,  for  that  on  the         day  of         the  said   J.          D. 
demised,  leased  to  farm,  and  let  unto,  the  sard   G.         F.         u 
messuage,  with  the  appurtenances  thereof,  consisting  of  a   dwel- 
ling house,  garden,  and  yards,  situated  in  said  S.         and  bound- 
ed  (here  describe  the   bounds,)  for  the  term  of  from  the 
day  of        A.  D.         to  be    completed  and  ended.      And  that 
on  the           day  of         A.   D.         the  said  J.         D.         give  no- 
tice, in  writing,  to  the  said  G.         F.         to  quit    possession   of 
said  messuage,  on  or  before   the            day    of          A.    D. 
which  notice  wiis  in  the  form  following,  viz.    To  G.         F. 
of        I  hereby  give  you  notice,  that  you  are  to  quit  possession 
of  the  house,  g'arden,  and  yards,  belonging  tome,  situate  in  S. 
and  bounded  (&c.)  now  occupied  by  you,   on  or  before  the 
day  of                 A.  D.         Dated  the         day  of  A.  D. 
J.         D.         And  thai  a  copy  thereof  was  on  the         day  of 
A.  D.         delivered  to  the  said  G.         F.          (or  left  at  his  place 
of  residence  in  said  S.               )  in  the  presence  of  A.         B. 
of             a  credible  witness,  and  another  copy  of  said  notice  re- 
mains with  the  said  J.         D.         ready  to  be  produced  in  court. 
And  that  the  said  G.         F.         regardless  of  said  notice,  and  de- 
mand of  the  complainant,  bath  not  quitted  the  possession  of  said 
messuage,  though  the  day  on  which  by  law  he  ought,    in  pursu- 
ance of  sucb  notice,    to  have  quitted  the  same,  hath    lontj  since, 
elapsed,  and  though  often  requested  so  to  do,    but  still  unjustly 


JUSTICE  OF  THE  PEACE. 


Holding  over  of  estate  leased. 


holds  possession  thereof ;  whereupon  the  said  J.  D.  pray- 
ed that  a  summons  might  be  issued  to  the  said  G.  F.  to 
appear  before  the  said  justice  B.  to  answer  to  said  complaint, 
and  to  show  reason,  if  any  he  have,  why  he  should  not  quit  pos- 
session of  said  messuage,  to  the  complainant,  and  pay  to  him  his 
cost  of  prosecution.  On  which  complaint,  a  summons  was  issued 
to  the  said  G.  F.  and  duly  served  upon  him,  returnable 
this  day  of  A.  D.  at  said  S.  when  and 

when-  the  parties  appear,  and  the  said  G.  F.  says  he  Is 
not  guilty,  in  manner  and  form,  as  is  in  said  complaint  alledged  ; 
of  this  puts  himself  on  the  county,  and  the  complainant  likewise. 
Upon  which  issue,  the  cause  is  committed  to  a  jury,  duly  sum- 
moned and  sworn,  according  to  the  statute,  in  such  case  made 
and  provided,  who,  on  their  oaths,  say,  that  the  said  G.  F. 
is  lessee  of  the  complainant,  and  holds  over  the  term  of  his  lease, 
and  that  notice  has  been  given  him  to  quit,  and  that  he  holds 
possession  after  the  expiration  of  the  time  therein  specified,  as 
is  in  the  complainant's  complaint  alledged.  Whereupon  it  is  con- 
sidered by  (he  court,  that  the  said  J.  D.  recover  pos- 
session of  the  said  leased  premises,  v:ith  his  costs,  taxed  at  the 
sum  of  against  the  said  G.  F.  and  that  execution 

issue  therefor  accordingly. 

EXECUTION. 

To  the  sheriff  of  the  county  of  F.  his  deputy,  or  either 

constable  of  the  town  of  S.  within  said  coun'yj  Greeting  : 

Whereas  J.          D.         of  said  S.  recovered  judgment 

before  a  court  held  in  pursuance  of  the  statute,    entitled  "  an  act) 
prescribing   a  summary   process,    to  enable    the  owners   of  lands, 
houses,  and  other  buildings,  to  recover  possession,"  by  J.       B. 
Esquire,  one  of  the  justices  of  the  peace  for  F.  county,  on 

the          day  of  A.  £).  for  his  possession  of  a  certain 

messuage,  and  the  appurtenances  thereof,  consisting  of  a  dwel- 
ling  house,  garden,  and  yards,  situate  in  said  S.  and  bound-  , 

eu  {here  describe  the  bounds}  against  G.          F.          of  said  S. 
who  unjustly  withholds  from  the  said  J.  D.          his  posses- 

sion thereof.  And  also  at  the  same  court,  recovered  judgment 
for  the  sum  of  dollars,  and  cents,  costs  of  suit ;  whereof 


'JUSTICE  OF  THE  PEACE.  183 


Holding  over  of  eslate  leased. 


execution  remains  to  be  done.  These  are,  therefore,  by  author- 
ity of  the  State  of  Connecticut,  to  command  you,  without  delay, 
to  cause  the  said  J.  D.  to  have  possession  of,  and  in  the 
said  messuage,  with  the  appurtenances,  consisting  of  a  dwelling 
house,  garden,  and  yards,  situate  in  said  S.  and  bounded 

(here  describe  the  bounds.^  And  that  of  the  money,  goods,  or 
chattels,  of  the  said  G.  F.  found  within  your  precincts,  you 
cause  to  be  levied,  and  (the  same  being  disposed  of  as  the  law 
direct")  paid  and  satisfied  unto  the  said  J.  D.  the  said 

sum  of  $  with  seventeen  cents  more  for  this  writ,  together 

with  your  own  fees  ;  and  for  want  of  such  money,  goods,  and 
chattels,  of  the  said  G.  F.  to  be  by  him  shown  unto  you, 
or  found  within  your  precincts,  for  the  satisfying  the  aforesaid 
sums,  you  are  hereby  commanded  to  take  the  body  of  the  said 
G.  F.  and  him  commit  to  the  keeper  of  the  gaol  in  F. 
in  the  county  of  F.  aforesaid,  within  the  prison,  who  is 

likewise    hereby  commanded   to  receive   the  said  G.         F. 
and  him  safely  keep,  until  he  pay  unto  the  said  J.         D. 
the  sums  above  mentioned,    and  be  by  him  released,    and    also 
satisfy  your  own  fees.     Hereof  fail  not,  and  make  due  return  of 
this  writ,  with  your  doings,    unto  me  the  saidJ.         B.         Es- 
quire, within  sixty  days  next  coming. 

Dated  at  this         day  of  A.  D. 

J.         B.         Justice  of  the  Peace. 

It  is  presumed,  that  from  the  foregoing  forms  on  the  statute,  to 
enable  owners,  by  a  summary  process,  to  repossess  their  estates, 
will  be  sufficient,  with  rery  trifling  variations,  to  suit  every  case, 

NOTE.  It  w  worthy  of  notice,  that,  though  a  practice  has  be- 
come very  frequent,  for  justices  of  the  peace,  in  the  issuing  of 
executions  for  the  collections  of  debts,  damages  or  costs,  to  at-1 
tempt  to  authorize  the  levying  them  on  real  estate.  That  such 
was  never  the  intention  of  the  legislature,  is  very  evident,  from 
its  not  being  inserted  in  the  statute  form  given,  while  it  is  in  the 
form  to  be  used  by  the  county  and  superior  courts.  The  words, 
to  the  acceptance  of  the  creditor,  which  can  refer  only  to  real  es- 
tate, and  used  in  the  form  prescribed  to  the  County  and  Superi- 


184  JUSTICE  OF  THE  PEACE. 

Holding  over  oiesiat  -  it-ascd. 

or  Courts,  in  the  form  prescribed  to  justices  is,  wholly  omitted,  (a) 
Besides,  what  renders  it  still  clearer,  that  executions  issued  by- 
justices  wjthin  their  ordinary  jurisdiction,  cannot  be  regularly 
levied  upon  real  estate,  is  that  in  the  statute,  regulating  the  le- 
vying of  executions  on  real  estate,  the  officer  who  levies  an  exe- 
cution on  land,  must  return  it  into  the  office  of  the  clerk  of  the 
Court,  from  which  it  issued,  by  whom  it  must  be  recorded,  (6) 
now  a  justice  of  the  peace  has  no  clerk  ;  here  of  course  must  be 
a.  failure  of  one  of  the  requisites  of  a  title  by  execution.  By  a 
late  statute,  passed  in  1811,  the  clerks  of  the  several  Courts  in 
this  State,  must,  on  receipt  of  any  execution  levied  on  lands,  or 
tenements,  and  returned  into  the  office  of  such  clerks,  for  record, 
note  thereon  the  day,  month,  and  year,  when  he  received  the 
same,  and  the  record  of  s.uch  execution  shall  bear  the  same  date. 
But,  what  is  to  be  done  with  justice  executions,  if  levied  on  land, 
nothing  is  said. 

This,  it  would  seem,  ought  to  be  sufficient  to  correct  the  error 
into  which  so  many  of  us  have  sliden,  through  inadvertence/ 
That  good  policy  forbids  the  levying  of  executions  within  the 
ordinary  jurisdiction  of  justices  of  the  peace,  as  to  the  amount  to 
be  collected  upon  real  estate,  is  to  me  very  clear,  The  cost  and 
Charges  incurred  by  a  levy  on  land,  are  so  great,  it  seems  a  per- 
version of  justice  to  do  it  for  the  small  pittance  of  most  justicr 
executions. 

•V>  1  St.  351.  3W»  fb)  Ibid,  232- 


JUSTICE  OF  THE  PEACE. 


Forcible  entry  and  Detainer. 


CHAPTER  V. 

SECT.  I. 
FORCIBLE  ENTRY  AMD  DETAINER. 

To  J.         B.         and  L.         L.         Esquires,  two  justices  of 
•"he  peace,  in  and  for  F.         county,  quorum  WHMS,  comes  J. 
D.         of  S.          in  said  county,  and  complains,  and  says,   tha' 
on  the          day  of          A.  D.         he,    the   said   J.  D. 

was,  and  for  a  long  time  before  had  been  lawfully  seized,  and  pos 
sessed  of  a  certain  messuage  consisting  of  a  house  with  the  land 
thereto  adjoining,  and  the  appurtenances  thereof,  situated  and 
being  in  said  S.  at  a  place  called  and  bounded  as  follows. 
to  wit,  (here  describe  the  bounds,)  and  continued  so  seized,  and 
possessed  of  said  house  and  land  until  on  the  same  day  of 
aforesaid,  one  G.  F.  of  said  S.  with  force  and  arms. 
did  forcibly,  and  with  strong  hand,  and  armed  power,  enter  in- 
to and  upon  said  described  house,  and  land,  with  the  appurten- 
ances thereof,  and  him  the  said  J.  D.  thereof  disseized, 
and  with  force  and  strong  hand  therefrom  expelled,  and  that  the 
said  G.  F.  with  like  force  and  strong  hand,  doth  still 
hold  possession  of  the  said  house  and  land  of  him,  the  said  J. 
D.  and  him  with  like  force  and  strong  hand  doth  still  keep 
out  of  possession  of  his  same  house  and  land,  against  the  peace, 
and  contrary  the  form  of  the  statute,  entitled  "  an  act  directing 
proceedings  against  forcible  entry,  and  detainer,"  whereupon 
the  said  J.  D.  prays  that  due  enquiry  may  be  had  by  the 
oaths  of  the  people  of  said  county,  in  the  neighbourhood  of  said 
described  house  and  land,  so  as  aforesaid  entered  into  and  upon 
by  the  said  G.  F.  as  well  of  his  said  forcible  entry  into 
and  upon  the  same  house  and  land,  as  of  his  holding  and  detain 
ing  the  same  by  focre  and  strong  hand  ad  aforesaid.  And  that 
due  process  may  be  had  against  him  therein,  as  by  the  statut* 
aforesaid  is  directed. 

Da  ted  at         this         day  of  A-  I). 

J.          D 


186  JUSTICE  OF  THE  PEACE, 

Forcible  entry  and  Detainer. 

WARRANT. 

To  the  sheriff  of  F.         county,  or  his  deputy,  Greeting  : 
Whereas  the  foregoing  corn-plaint  has  been  made  to  us,  J. 

B.         and  L.         L.         Esquires,  two  justices  of  the  peace,  for 

F.         county,  quorum  unus, 

These  are  therefore,  by  authority  of  the  State  of  Connecticut. 

to  command  you  to  arrest  the  body  of  the  above  named  G. 

F.  and  him  hare  before  us,  the  said  two  justices  of  the  peace, 
on  the         day  of         A    D.         at         o'clock,  in  the         noon; 
at  the  dwelling  house  of         in  S.         in  said  county,  if  he  be 
found  within    your  precincts,  otherwise  summon   him    the    said 

G.  F.         to  appear  before  us,  the  said  two  justices    at   the 
time  and  place   last  above  mentioned,  by  leaving  a  true  and   at- 
tested copy  of    the  foregoing  complaint,    and  of   this   warrant, 
/it  his  usual  place  of  abode,  in   said  S.         that  he   may    answer 
said  complaint,  and  be  dealt  with  as  by  the  statute  aforesaid,  in 
such  cases  made  and    provided,  is    directed.     Hereof  fail    not, 
and  of  this  warrant,  and  your  doings  thereon,   make  due    return.. 

Dated  at         this      day  of        A.  D. 

J.         B.    }    t\vo  justices  of  the 
L.         L.    $  .  peace  quorum  unuf. 

VEX  I  RE  FACIAS. 

To  the  sheriff  of  the  county  ofF.       or  his  deputy,  Greeting  . 

By  authority  of  the   State   of  Connecticut,   you  are    hereby 
commanded  to  cause  to  come  before  us,  J.         B.  .      and  L. 
L.         Esquires,    hvo  justices    of  the   peace   for  F.         county, 
quorum  unus,  on  the  day  of          A.  D.         at         o'clock 

in  the  noon,  at  the  dwelling  house  of  in  S.  in  said  county, 
eighteen  sufficient  and  indifferent  persons,  each  having  a  free-hold 
estate,  rated  in  the  common  list  at  nine  dollars  at  least,  and 
dwelling  near  to  a  certain  house  and  land  ofJ.  D.  of 

said  S.  situate  in  S.  aforesaid,  to  enquire  upon  their 
oaths,  of  a  certain  entry  made,  with  force  and  strong  hand, 
(as  it  is  said)  into  the  said  house  and  land  of  the  said  J.  D. 
by  one  G.  F,  of  said  S.  and  of  his  detention  of  the 
same,  with  like  force  and  strong  hand,  against  the  form  of  the 
statute,  in  such  case  made  and  provided,  and  according  to  the 


JUSTICE  OF  THE  PEACE. 


187 


utrv  and  Detainer. 


evidence    which     shall    be    given   unto    them,    a    true  verdict 
give.    Hereof  fail  not,  and  of  this  precept,  and  your  doings  there,- 


on,  make  due  return. 
Dated  at          this 


day  of         A.  D.    ' 
J.         B.        >    two  justices  of  the 
L.         L.        $  peace  quorumunus. 


OFFICER'S  RETURN  OF  FENIRE. 
F.         county,  ss.  S.         July         A.  D. 
The  execution  of  this  writ  appears  in  a  pannel  hereto  anexed. 

M.         C.         Sheriff. 

Names  of  the  jurors  between  J.  D.  complainant,  and 
G.  F.  defendant,  on  a  complaint  for  forcible  entry  and 
detainer. 

M.        C.        Sheriff. 


A. 

B,         ^ 

C. 

D. 

E. 

F. 

G. 

H. 

I. 

J. 

K. 

L. 

M. 

N. 

0. 

P. 

Q, 
T. 

R. 
U. 

V. 

W. 

X. 

Y. 

B. 

A. 

D. 

C. 

F. 

E. 

H. 

G 

J. 

I. 

L. 

K.         J 

all  free  holders  of  said   S.  qual- 

ified as  the  law  directs,   and   disinter-! 
ested  between  the    parties. 

M.        C,         Sheriff. 


PLEA. 

F.         county,  ss.  S. 

The  said  G.         F.         in  court  defends,    pleads,   and  says, 
that  he  is  not  guilty,  in  manner  and  form,  as  is  in  the  said  J. 
D.         's  complaint  alledged,  and    hereof  puts    himself  on  the 
county.  G.         F. 

And  the  complainant  likewise  J.        D. 


JUSTICE  -OF  THE  PEACE, 


Forcible  entr    and  I)c(<iin 


VERDICT. 

F.         county,  ss.  S. 

J.  D.  against  G.  F.  for  forcible  entry  and 
detainer. 

In  this  case,  the  jury  find  that  the  said  G.  F.  is  guilty  , 
in.  manner  and  form,  as  in  the  said  J.  D.  '.s  complaint  is 
alledged,  arid  the  said  J.  D.  ought  to  have  restitution  of 
the  premises  described  in  his  complaint,  arid  recover  his  cost- 

A.         B.          Foreman 
G.         D.      ) 
E.        F.      )    Jurors 
G.        H.      S 

RECORD. 

F.  county,  ss. 

At  a  court  held  on  the         day  of  A.  D.          at  S. 

in  said  county  of  F.  before  J.         B.         and  L.         L. 

two  justices  of  the  peace.  for  said  county,  quorum  units,  in  pursu- 
ance of  the  statute,  entitled  "  an  act  directing  proceedings  against 
forcible  entry  and  detainer,"  J.  D.  complainant,  against 
G.  F.  defendant,  for  forcible  entry  and  detainer.  For 

that   the  said  J.  D.,          on  the  day  of  A.  D. 

and  for  a  long  time  before,  had  been  seized  and  possessed  in 
fee,  of  a  certain  house  and  land,  situate  in  said  S.  and  that  the 

said  G.         F.         on  the  same         day  of  A   D.         with 

force  and  arms,  forcibly,  and  with  strong  hand,  entered  into  and 
upon  the  same  house  and  land,  and  with  like  force  and  strong 
hand,  him  the  said  J.  D.  dispossesed,  and  therefrom  ex- 
pelled, and  in  like  manner  holds  possession  of  the  said  house 
and  land,  and  keeps  the  said  J.  D.  out  of  the  same,  and 
prays  relief  in  the  premises,  according  to  the  directions  of  said 
statute.  To  which  complaint,  the  said  G.  F.  pleads  not 
guilty,  and  puts  himself  on  the  county,  and  the  said  J.  D. 
likewise.  And  the  case  having  upon  the  pleadings,  been  com- 
mitted to  a  jury  of  fourteen  sufficient  and  indifferent  freeholders 
of  the  neighborhood,  qualified  and  sworn  as  the  law  directs,  the 
said  ]ury  return  a  verdict,  and  upon  their  oaths  say,  th  t  tiie 
said  G.  F.  is  guilty,  in  manner  and  form,  as  is  in  said 


JUSTICE  OF  THE  PEACE.  189 

Forcible  entry  and  Detainer. 

complaint  alledged.  Whereupon  it  is  considered  by  the  court, 
{hat  the  said  J.  D.  be  re-seized,  and  put  iti  possessioa 

of  the  premises  described  in  said  complaint,  and  that  the  sai4 
J.  D.  recover  his  costs  of  the  defendant,  in  the  prosecu- 
tion, taxed  at  dollars,  and  cents,  and  that  execution 
issue  therefor  accordingly. 

J.          B.  >     Two  justices  of  the 

I--.         L.  $    peace,  quorum  unus. 

FORM  OF  EXECUTION. 

To  the  Sheriff  of  the  County  of  or  his  deputy,  Greeting  ; 

Whereas  J.         D.         of  S.  in  said  county,  recovered 

judgment  against  G.         F.         of  said  S.  before  us  J. 

B.  and  L.  L.  Esquires,  two  justices  of  the  peace  for 
F.  county,  quorum  vnus,  on  the  day  of  A.  D. 

at  said  S.  holding  a  court  of  enquiry  of  forcible  entry  ant*, 

detainer,  that  he  the  said  J.  D.  be  re-seized,  and  put  in- 
to possession  of  a  certain  messuage,  consisting  of  a  house,  with 
the  land  adjoining,  and  the  appurtenances  thereof,  situated  and 
beisg  in  said  S.  at  a  place  called  and  bounded  as 

follows,  to  wit,  (litre  describe  the  bounds,)  and  also  for  the  sum 
of  dollars,  and  cents  cost  of  suit :  whereof  execution 
remains  to  be  done. 

These  are  therefore,  by  authority  of  the  State  of  Connecti- 
cut, to  command  you,  that  taking  with  you  the  force  of  the  coun- 
ty of  F.  aforesaid,  (if  necessary)  you  cause  the  said  G. 
F.  to  be  immediately  removed  from  the  premises  above  de^ 
scribed,  and  the  said  J.  D.  to  be  re-seized  and  put  into 
peaceable  and  quiet  possession  of  the  same.  And  that  of  the 
money,  goods,  or  chattels,  of  the  said  G.  F.  you  cause 
to  be  levied,  (and  the  same  being  disposed  of  as  the  law  di- 
rects,) paid  and  satisfied  unto  the  said  J.  D.  the  same  suiti 
of  dollars,  and  cents,  with  cents  more  for  this  writ, 
together  with  your  own  fees,  and  for  want  of  money,  goods,  and 
chattels,  of  the  said  G.  F.  to  be  by  him  shewn  unto  you,  as 
aforesaitl,  within  your  precincts,  for  the  satisfying  the  aforesaid 
sums,  you  are  hereby  commanded  to  take  the  body  of  the  satf 


!90  JUSTICE  OF  THE  PEACE. 


Fobcible  entry  and  Detainer. 

G.         F.         and  him  commit  to  the  keeper  of  the  gaol  in  F. 
in  said  county  of  F.  within    said  prison,  who  is  likewise 

hereby  commanded  to  receive  the  said  G.  F.  anil  him 
safely  keep  until  he  pay  to  the  said  J.  D.  the  sums 
above  mentioned,  and  be  by  him  released,  and  also  to  satisfy 
.your  own  fees.  Hereof  fail  not,  and  make  due  return  of  this 
Writ,  with  your  doings  thereon,  within  sixty  days  next  coining. 
Dated  at  this  day  of  A.  D. 

J.         B.  >    two  justices  of  the 

Tj.         M.          J    peace,  quorum  units.- 


JUSTICE  OF  THE  PEACE.  191 


Bastardy. 


CHAPTER  VI. 

SECT.  I. 

BASTARDS. 

COMPLAINT  DURING  PREGNANCY. 
To  J.         B.         Esquire,  one  of  the  justices  of  the  peace  fox 

F.  county,  comes  J.         N.         of  S.  in  said  coun- 
ty, and  complains,  that  for  more  than  ten  months  last  past,  she 
has  been  and  still  is  a  single  woman  ;  and  that  she  is   pregnant 
with  a  child  of  her  body,  begotten  on  or  about  the         day   of 

A.         D.          at  by  G.         F.         of  which 

child  if  born  alive,  is  likely  to  be  a  bastard.     And  that  the  said 

G.  F.         is    the   father  thereof.     And   thereupon  the  said 
J.         N.         prays  process  against  the  said  G.         F.         that 
he^inay  be  arrested  and  brought  before  proper  authority,  and  be 
dealt  with  as  the  statute,  in  such  case  made  and  provided, directs 

Dated  at  this         day  of        A.  P. 

J.         V 

OATH 

F.  county,  ss.  S. 

On  this  day  of  A.  D.  personally  came,  the  above 
.said  J.  N.  and  made  solemn  oath,  that  the  above  com- 
plaint, by  her  subscribed,  is  just  an^  true  before  me. 

J.          b.          Justice  nfthepeare. 

WARRANT. 

To  the  sheriff  of  the  county  of  F.  his  deputy,   or  either1 

constable  of  the  town  ofS.  within  said  county,  Greeting  : 

By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded to  arrest   the  body  of  the  above  named  G.         F. 
and    him  forthwith  have    before  me,  J.          B.         esquire,  one 
ot  the  justices  of  the  peace  for  F.  r<vmty,  at  my  dwelling 


JUSTICE  OF  THE  PEACE. 


Bastardy. 


house  in  that  he  may  answer  the  foregoing  complaint,  and 

be  dealt  with  as  by  the  statute,  in  such  case  made   and   provid- 
ed, is  directed. 

Hereof  fail  not,  and  of  this  warrant,  and  of  your  doings  there- 
on make  due  return. 

Dated  at  this         day  of         A.  D. 

The  state  duty  of  thirty-foul'  cents  is  paid  hereon,  and  L. 
D.         recognized  in  $  for  prosecution,  &c.  before  me. 

J.         B.         Justice  of  the  •/• 

OFFICER'S  RETURN. 

F.  county,  ss.  S. 

On  this  day  of  A.  D.  I  by  virtue  of  the  within 
warrant,  to  me  directed,  arrested  the  body  of  the  within  named 
G.  F.  and  have  him  before  J=  B.  Esquire,  as  I 
am  within  required.- 

M.         C.         Constable. 

PLEA. 

F.  county,  ss.  S.  the         day  of  A.  D. 

Now  the  said  G.  F.  in  court,  in  custody  thereof,  de- 
fends, pleads,  and  says,  that  he  is  not  guilty,  in  manner  and 
form,  as  is  in  said  complaint  alleflged,  and  hereof  puts  himself  on 
fti.1.  G-  F. 

And  the  ?aid  J,         N.         likewise,         J. 

RECORD; 

F.  county,  ss.  S. 

J5e  it  remembered,  that  on  this         day  of  A.  D, 

(j.         F.         of  is  brought   before  me,  J.         B.         Ev 

quire,   one   of  the  justices  of  the  peace  for  F.         '    county,  at 
in  said  county,  by  virtue  of  a  warrant  issued  by  me,  the 
said  justice  B.          on  the  complaint  of.T.          N.         of 
for  that   tbe  saidJ.  N.     ,      for  more    than  ten  months  last 

past,   hath  been,    and  still  is,  a  single  woman,   and  that  she  is 
pregnant,  with  a  child  of  her  body,  begotten  on  or  about  the 
day  of  A.  I>.         by  the  said  G.          F.         which  child, 

when  born,    is  likely   to  be  a  bastard,   and  that  the  said  G, 
F.         is  the  father  thereof,  and  praying  process  against  the  said 


JUSTICE  OF  THE  PEACE. 


Bastardy. 


O.         F.         that  he-  may  be  arrested  and  brought  before  prop- 
er authority,    and  be  dealt  with  as  by  the  statute,    in  such  case 
made  and  provided,  is  directed.     And  the  said  G.         F.         be- 
ing required  to  make  answer  to  said  complaint,    says,  he  is  not 
guilty,  in  manner  and  form,  as  therein  is  alledged,    and  thereof 
puts  himself  on  trial,    and  the  said  J.         N.         doth  the  like. 
And  the  said  justice  B.          having  anew  examined  the  said  J. 
N.         on  oath,  concerning  the  matters  alledged  in  her  complaint, 
aforesaid,  and  heard  the  evidence  adduced,  and  arguments  urg- 
ed, by  the  parties,    is  of  opinion,    that  the  said  G.         F.         is 
guilty,   in  manner  and   form,   as  is  in  said  complaint  alledged. 
Whereupon  it  is  considered  by  the  court,  that  the  said  G.     F. 
retognize,  with  one  sufficient  surety,  unto  the  said  J.         N. 
in  the  sum  of  dollars,  conditioned,  that  the  said  G.       F, 

personally  appear  before  the  County  Court,  to  be  holden  on  the 
Tuesday  of  A.  D.         at  in  and  for  said  coun- 

ty of  to  answer  the  charges  in  said  complaint,  and  abide 

the  order  of  said  court  thereon,  and  stand  committed  until  sen 
tehee  be  performed. 

J.         B.         Justice  of  the  Peace. 

RECOGNIZANCE. 

F.  county,  ss.  S. 

Be  it  remembered,  that  on  the  day  of  A.  D. 

personally  came  before  me,  J.  B.          Esquire,  one  of  the 

justices  of  the  peace,  in  and  for  said  county,  G.     F.       of         and 
E.         D.         of  and    acknowledged  themselves  to  owe, 

and  be  jointly  and  severally  indebted,  unto  J.         N.         of 
in  the  sum  of  dollars,  to  be  made  and  levied  on  their  goods, 

chattels,    and  estate,  and  upon  the  goods,   chattels,   and  estate, 
of  either  of  them,  and  in  want  thereof,  upon  their  bodies   n, 
lively,  to  be  paid  to  the  said  J.         N.         if  the  said  G.       F. 
shall    fail  to  perform    the  condition  fcllowimp  the  condition  o! 
this  recognizance   is  such,   that   if   the  said  G.         F.         shaii 
make  his  personal  appearance  at  the  County  Court,   to  be  lioK! 
en  on  the          Tuesday  of  A.  D.          at  in  and  fur 

the  county  of  to  answer  the  complain!  of  the  said  J. 

N.         made  against  him,  (lit  -  ii>!  fi  Vfnre  th< 


I 

JUSTICE  OF  THE  PEACE. 


Bastardy. 


justice  B.  this  day,  on  the  statute  concerning  bastards,  and 
bastardy,  and  abide  the  order  of  said  coQrt  thereon,  then  this  re- 
cognizance to  be  void,  otherwise  to  remain  in  full  force  and  vir- 
tue. 

J.         B.         Justice  of  the  Peace. 

MITTIMUS, 

To  the  sheriff  of  the  county    of  his  deputy,  or  either 

constable  of  the  town  of  within  said  county,    Greeting  : 

Whereas   G.         F.         of  was  on   the         day  of 

j\.   D.         brought  before  me,  J.         B.         Esquire,  one  of  the 
justices  of  the  peace  for  said   county,  by  virtue  of  a  warrant   is- 
sued by  me,  the  said  justice  B.         upon  the  complaint  of  J. 
N.         of  for  that  she,  for  more  ten  months  then  last  past, 

bad  been  and  then  was  a  single  woman,  and  that  she  was  then  preg- 
nant with  a  child  of  her  body,  begotten  on  or  about  the  day  of 
A.  D.  by  the  said  G.  F.  which  child  when  born, 
is  likely  to  be  a  bastard,  and  that  the  said  G.  F.  is  the 
father  thereof.  And  praying  that  the  said  G.  F.  may- 

be arrested,  and  be  dealt  with  as  by  the  statute,  in  such  case 
made  and  provided,  is  directed  ;  to  which  complaint,  the  said 
G.  F.  pleaded  that  he  was  not  guilty,  and  thereof  puts 
himself  on  trial  ;  and  the  said  J.  N.  likewise.  And 
whereas  the  said  J.  N.  was  on  oath,  by  me,  the  said 

justice  B.  examined,  concerning  the  matters  alledged  in  her 
said  complaint  ;  and  whereas,  upon  hearing  the  evidence  by  the 
parties  adduced,  and  their  arguments  urged,  it  was  the  opinion 
of  me,  the  said  justice  B.  that  the  said  G.  F.  was 
guilty  in  manner  and  form,  as  is  in  sajd  Complaint  alledged,  and 
thereupon  it  was  by  me,  the  said  justice  B.  considered,  thaJ 
the  said  G.  F.  recognize  with  one  sufficient  surety,  to 

the  said  J.          N.         in  the  sum  of         dollars,  conditioned,  that 
lie  the  said   G.         F.         personally  appear  before  the  County 
Court,   to  be  holden   on   the         Tuesday   of         A.  D.         at 
in   and  for  county,  to  answer  the   charges   in  said 

complaint,  and  abide  the  order  of  said  Court  thereon,  and  stand 
committed  until  sentence  be  performed.  And  whereas,  the  said 
G.  F.  has  neglected  to  recognize  with  surety,  as  afore- 


JUSTICE  OF  THE  PEACE.  195 


said,  although  a  reasonable  time  hath  been  allowed  to  him  there- 
for ;    these  are,  therefore,  by  authority  of  the  State  of  Connect- 
icut,  to  command   you,    forthwith  to  convey  the  said  G. 
F .         to  the  common  gaol  in  F.  in  said  county,  and  him, 

together  with  this  warrant,  to  deliver  to  the  keeper  thereof,  who 
is  hereby  commanded  to  receive  the  said  G.         F.         into  his 
custody,  within  the   said  gaol,  and  him  therein  safely  to  keep, 
nntil  he  shall  be  delivered  by  order  of  law. 
Dated  at  this         day  of        A.  D. 

J.          B.          Justice  of  the  peace. 

FORM  OF  A    COMPLAINT,   AFTER  DELIVERY  Oh 
A  BASTARD  CHILD,  WHICH  HAS  BECOME 
CHARGEABLE. 

To  J.  B.  Esquire,  one  of  the  justices  of  the  peace,  foi< 
F.  county,  comes  J.  N.  of  S.  in  said  county, 
and  complains,  that  on  the  day  of  A.  D.  at  said 
S.  she  was  delivered  of  a  male  child,  born  of  her  body,  and 
that  for  more  than  ten  months  before,  and  at  the  time  of  the  birth 
of  said  child,  she  was  a  single  woman,  and  that  said  child  war 
begotten  of  her  body,  on  or  about  the  day  of  A.  D. 
at  said  S.  by  G.  F.  of  and  that  at  the  time  of 
her  travail  with  said  child,  she  was  put  to  the  discovery  of  thq 
truth,  as  to  who  was  the  father  thereof,  and  that  she  accused  the 
said  G.  F.  as  having  begotten  said  child,  of  her  body,  at 
said  on  or  about  the  time  above  mentioned,  and  that  she  liar 
ever  continued  constant  in  her  accusation  of  him,  as  having  begot- 
ten the  said  child,  and  that  the  said  G.  F.  is  the  father  of 
the  said  child,  and  that  it  was  born  a  bastard,  and  is  now  alive 
and  chargeable  for  its  maintainance.  Whereupon  the  said  J. 
N.  prays  process  against  the  said  G.  F.  that  lit. 
may  be  arrested,  and  be  dealt  with,  as  by  the  statute,  in  such  case, 
made  and  provided,  is  directed. 

Dated  at         this          day  of        A.  D. 

J.         K. 

(T/M  oath  the  same  as  in  th*  preceding.) 


196  JHSTICE  OF  THE  PEACL. 

Bastardy. 

WARRANT. 

To  the  Sheriff  of  the  county  of        or  his  deputy,  or  either  of 
the  constables  of  the  town  of  S.       within  said  county,  Greeting  : 

By  authority  of  the    State   of  Connecticut,  you   are   hereby 
commanded  to  arrest  the  body  of  the  above  named  G.         F. 
.-tnd  him  forthwith  have  before  me,  J.         B.         Esquire,  one  ot 
the  justices  of  the  peace  for  F.         county,  that  he  may  answer 
the  ioregoing  complaint,  and  be  dealt  with  as  the  statute,  in  such 
case  made  and  provided,  directs.     Hereof  fail  not,  and  of  this 
precept,  with  your  doings  thereon,  due  retu; n  make. 
Dated  at          this         day  of         A.  D. 

The  state  duty  of  thirty  four  cents  is  paid  hereon,  and  M. 
-C .         of  S.         recognized  in  $          for   prosecution,  &.c.  be- 
fcre  me. 

J.         B.         Justice  of  the  Peace.. 

RECORD. 

F.         count y,   K.  ^. 

At  a  court  held  on  the       day  of      A.  D.         at         in  F. 
county,  before  J.         B.         Esquire,  one  of  the  justices  of  the 
peace  forF.          county,  J.         N.          of          against  G. 

F.  of         complaint  on  statute,  concerning  bastards,  and  bas- 
tardy, for  that  on    the         day    of       A.   D.         at         she   was 
delivered  of  a  male  child,  born  of  her  body,  and  for   more  than 
ten  months  before,  and  at  the  time  of  the  birth  of  the  said   child, 
she  was  a  single  woman,  and  that  said  child  was,  on  or  about  the 

day  of        A.    D.         at  begotten  of  her  body,  by 

G.  F.         of        and  that  at  the  time  of  her  travail  with  the 
said  child,  she  was  put  to  the  discovery  of  the  truth,  as  to    who 
was  the  father  thereof,  and  that  she  then  accused  the  said  G. 

F.  as  having  begotten  the  said  child,  of  her  body,  on  or  about 
the  time  above  mentioned,  and  that  she  has  ever  continued  con- 
stant, in  her  accusation  of  him,  as  having  begotten  the  said  child, 
and  that  it  was  born  a  bastard,  and  is  now  alive,  and  chargeable 
for  its  maintainance,  praying  process  against  the  said  G.  F. 
that  he  may  be  arrested,  and  be  dealt  with,  as  by  the  statute, 
in  such  case  made  and  provided/is  directed  And  the  said 


JUSTICE  OF  THE  PEACE.  197 

Bastardy. 

G.  F.  being  required  to  make  answer  unto  said  complaint, 
says,  he  is  not  guilty,  in  manner  and  form,  as  is  in  said  com- 
plaint alledged,  and  thereof  puts  himself  on  trial  ;  and  the  said 
J.  N.  doth  the  like.  And  the  said  justice  B.  hav- 
ing anew  examined  the  said  J.  N.  on  oath,  concerning 
the  matters  alledged,  iu  her  said  complaint,  and  heard  the  evi- 
dence adduced,  and  the  arguments  urged,  by  the  parties,  is  of 
opinion,  that  the  said  G.  F.  is  guilty  in  manner  and 
form,  as  is  in  said  complaint  alledged.  Whereupon  it  is  consid- 
ered by  the  court ,  that  the  said  G.  F.  recogaize,  with 
one  sufficient  surety,  unto  the  said  J.  N.  in  the  sum  of 
dollars,  conditioned,  that  the  said  G.  F.  personally  ap- 
pear before  the  County  Court,  to  be  holden  on  the  Tuesday 
of  A.  D.  at  in  and  for  said  county  of  then 

and  there  to  answer  unto  the  aforesaid  complaint,  of  the  said  J. 
N.         and  abide  the  doings  of  the  said  County  Court    thereon* 
and  stand  committed  until  judgment  be  performed. 

J.         B.         Justice    of  the  Peace 

Recognizance  and  Mittimus  the  same    as  the  preceding,  mu- 
^atis  mutandis. 

SECT.  II. 

COMPLAINT  BY  SELECTMEN. 

To  J.  B.  Esquire,  one  of  the  justices  of  the  peace  for 
county,  comes  A,  B,  &  C,  selectmen  of  the  town  of 
in  said  county,  in  behalf  of  said  town  of  S.  com- 

plain and  say,  that  J.         N.         of  said  S.  was  on  the 

day  of  A.  D.          at  S.  aforesaid,  delivered  of  a 

male  child,  born  of  her  body,  and  that  the  said  J.  N.  for 
more  than  ten  months  before,  and  at  the  time  of  the  birth  of  said 
child,  was  a  single  woman,  and  that  said  child  was  Begotten  of 
her  body  on  or  about  the  day  of  A,  D.  by  G. 

F.         of  and  that  he  is  the  father  of  said  child,  and  that 

the  same  child  is  a  bastard,  and  that  the  said  J,  N.  has 
hitherto  omitted,  and  still  doth  omit,  to  bring  forward  her  suit, 
to  recover  maintainance  for  said  child,  and  that  tke  said  chili 


198  JUSTICE  OF  THE  PEACE. 

Bastardy. 

hath  already  become  chargeable  to  said  town,   (or,  is  likely  to 
become  chargeable  to  said  town,   as  the  case  may  fee.)     Where- 
upon the  said  selectmen,  pray  process  against  the  said  G. 
F.         that  he  may  be  arrested,  and   be  dealt  with,  as  by  the- 
statute,  in  such  case  made  and  provided,  is  directed. 
Dated  at  this          day  of  A.  D. 

£'    )  Selectmen  of  the 
£'    I  town  of  S. 

If  the  child  is  not  Born  at  the  time  of  commencing  the  prosecu- 
tion, describe  the  woman  pregnant  as  mih*  complaint  by  the  mother' 


JUSTICE  OF  THE  PEACE.  J99 


Replevin. 


CHAPTER  VII. 

SECT.  I. 
REPLEVIN. 

,RPLEV1N  is  a  re-delivery  to  the  owner,  by  a  proper 
officer,  his  goods,  or  chattels,  impounded,  distrained,  attached, 
seized,  or  extended.  ThiSj  the  officer  does  by  virtue  of  a  prop- 
er writ,  to  him  directed.  Every  man  may  replevy  his  cattle, 
or  other  goods,  and  chattels,  impounded,  distrained,  attached, 
seized,  or  extended,  (unless  it  be  upon  execution,  after  judg- 
ment, or  in  payment  of  fines,  and  rates,  01  some  matter  of  admi- 
ralty jurisdiction,)  provided  he  gives  sufficient  security,  to  pros 
ecute  his  replevin  to  effect,  and  satisfy  and  answer  all  such  dam 
ages,  demands,  and  dues,  as  the  adverse  party,  shall  by  law  re- 
cover against  him.  Though  the  statute  is  thus  general,  yet  in 
practice,  the  only  cases  wherein  writs  of  replevin  are  issued,  are 
those  in  which  beasts  are  distrained  and  impounded,  and  goods 
attached  on  mesne  process,  and  that,  by  the  defendant  only. 
The  security  required  by  the  statute,  must  be  taken  at  the  time 
of  issuing  the  writ,  by  the  authority  signing  it,  and  to  the  full 
amount  or  value  of  the  goods,  or  beasts  replevied.  The  writ 
for  replevying  beasts  distrained,  and  impounded,  beside  a  com- 
mand to  replevy  the  bc-asts,  contains  also  a  declaration  against 
the  distrainor,  or  impounder^  for  taking,  and  is  returnable  to  some 
court  for  trial.  But  a  writ  to  replevy  goods  attached,  is  merely 
a  mandatory  precept,  directed  to  the  officer  who  served  the  at 
tachinent,  and  holds  the  goods,  him  commanding  to  re-deliver  the 
same  to  the  defendant,  from  whom  they  were  taken,  and  to  give1 
notice  thereof  to  the  plaintiff. 

Though  at  the  common  law,  goods  in  the  custody  of  the  law, 
tnielit  not  be  replevied,  yet  our  statute  supercedes  that,  and 
is  certainly  general  enough  to  give  to  a  stranger,  whose  goods  an: 


206  JUSTICE  OF  THE  PEACE. 


Replevin. 


attached  for  the  debt  of  Another,  a  right  to  this  remedy  ;  and  to 
arguments  against  such  a  construction,  drawn  from  inconvenience, 
it  is  believed  that  the  practice  of  Massachusetts,  where  such  ac- 
tions were  authorised  by  statute,  in  1789,  and  have  ever  since 
been  in  daily  use,  is  a  sufficient  answer.  Indeed,  were  such  an 
action  to  be  brought  in  this  state,  I  cansot  perceive  any  princi- 
ple, which  can  prevent  its  being  supported.  If  my  horse  is  at- 
tached for  my  neighbour's  debt,  it  is  as  literally  within  the  stat- 
ute, as  if  attached  for  my  own,  and  there  is  certainly  much  great- 
er reason  why  I  should  not  be  deprived  of  my  horse  for  ever,  and 
take  such  a  price  for  him  as  others  shall  set,  and  even  obtain 
that  at  great  trouble,  and  expense,  than  that  the  real  debtor  should 
not  be  deprived  of  the  use  of  his  horse,  while  the  plaintiff's  ac- 
tion against  him,  is  pending.  Replevin  lies  at  the  common  law, 
for  him  who  has  the  general  or  special  property  in  chattels, 
against  him  who  has  wrongfully  taken  them,  with  the  only  ex- 
ception of  chattels,  taken  under  the  colour  of,  and  in  the  custody 
of  the  law.  But  oar  statute  has  no  such  general  exception,  nor 
any  at  all  which  relates  to  third  persons. 

FORM  OF  A  WRIT  OF  REPLEVIN  OF  GOODS  AT- 
TACHED. 
To  J.          D.          deputy   to   the   sheriff  of  F.          county, 

Greeting  : 

By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded, justly,  and  without  delay,  to  cause  to  be  replevied  to 
0.  F.  of  his  goods,  and  chattels,  now  in  your  pos- 

session, to  wit,  (here  describe  the  goods  and  chattels  attached}  all 
which  goods,  and  chattels,  were  on  the         day  of         A.   D. 
at  by  you  attached,  by  virtue  of  a  certain  writ  of  attach- 

ment to  you  directed,  in  favour  of  L.  M.  of  against 
the  said  G.  F.  demanding  the  sum  of  dated  the 

day  of  A.  D.  returnable  to  J.  B.  Esquire,  jus- 
tice of  the  peace  for  F.  county,  on  the  day  of  A. 
P.  (or,  to  the  County  Court,  to  be  holden  at  in  and  for 
county,  on  the  Tuesday  of  A.  D.  )  and  signed 
by  J.  B.  justice  of  the  peace  :  and  you  are  to  notify  the 
said  L.  M-  of  this  \vrit,  and  your  doings  thereon,  the  said 


JUSTICE  OF  THE  PEACE.  20 J 

Replevin. 

G.  F.  having  given  sufficient  bond  to  satisfy  and  pay  un- 
to the  said  L.  M.  the  value  of  said  goods  and  chattels, 
if  the  damages  and  costs  which  he  shall  recover  against  him.,  the 
said  G.  F.  in  said  action,  amount  to  such  value,  before 

me.      Hereof  fail  not,  and  of  this  writ  and  your  doings   thereon, 
make  due  return,  with  said  original  writ  as  annexed  thereto. 
Dated  at          the          day  of        A.  D. 

J.         B.         Justice  of  the  Peace. 

FOR  BEASTS  IMPOUNDED. 

To  the  sheriff  of  the  county  of  F.  his  deputy,  or  either  of 
the  constables  of  the  town  of  S.  within  said  county,  Greeting  : 
By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded, justly  and  without  delay  to  cause  to  be  replevied  to 
J.  D.  of  S.  his  beasts,  viz.  (here  describe  the  cattle 
to  be  replevied}  now  distrained,  or  impounded  in  the  common  pound 
in  by  G.  F.  of  said  S.  and  by  him  unjustly  detained, 

as  it  is  said  :  and  you  are  to  summon  the  said  G.         F.  to 

appear  before  J.         B.         Esquire,  one  of  the   justices   of  tb 
peace  for  F.         county,  on  the         day  of         A.   D.          at 
in  said  county  of         then  and  there  to  answer  unto  the  said  J 
D.-  in  a  plea  ef  trespass,    wherein  the   said  J.         D. 

complains,  that  the  said  G.  F.  on  the  day  of  A. 
D.  in  a  certain  place,  called  (here  describe  the  place,  with- 
er highway,  or  close, )  situate  in  said  S.  took  the  said  beasts 
that  is  to  say  (here  again  describe  the  beasts')  and  them  unjustly 
impounded  and  detained,  as  aforesaid,  until  this  time,  to  the 
damage  of  the  said  J.  D.  the  sum  of  dollars,  and  to 

obtain  restitution  of  his  beasts  aforesaid,  and  recover  his  said 
damages,  together  with  his  just  costs,  the  said  J.  D. 

brings  this  suit,  (the  said  J.  D.  having  given  sufficient 
bond  to  prosecute  this  action  to  effect,  and  satisfy  such  damages, 
demands,  and  dues,  as  the  said  G.  F.  shall  recover  against 
him.}  Hereof  fail  not,  and  make  due  return  of  this  writ,  with 
your  doings  thereon.  Dated  at  this  day  of  A.  D. 
The  state  duty  of  seventeen  cents  is  paid  hereon,  and  7  P. 

20 


:ul  JUSTICE  OF  THE  PEACE. 

Replevin. 

and  E.         K.         recognized  in  $          for  prosecution,  &.c. 
in  defence  of  lavr,  at  this  date,  before  me. 

J.          B.          Justice  of  the  Peace 

OFFICER'S  RETURN. 
F.  count y,  ss.  S. 

On  this         day  of          A.   D.         by  virtue   of   Ibis  writ,  ta 
me  directed,  I  made  replevin  to  the  within  named  J.          D. 
of  the  beasts  within  specified,  which  the   within  named  G. 
F.         had  taken  and  unjustly  detained,  according  to  this  writ,  a? 
within  to  me  is  commanded. 

M.         C.         Constable. 

WOWRY. 
F.          county,  ss. 

And  the  said  G.  F.  comes  into  court,  and  defend? 
I  he  force  and  injury,  when,  &c.  and  avows  the  taking  of  the  said 
rattle  in  the  aforesaid  place,  in  which  tire  said  taking  is  supposed 
»mjustlv,  because  he  says  that  the  said  place  where  the  said  cat- 
lie  are  supposed  to  have  been  taken,  doth  contain,  and  at  the 
said  time  when  the  said  taking  is  supposed,  did  contain  ten  acres 
of  mowing  land,  with  the  appurtenaces,  situate  at  said  S. 
and  at  the  said  time  when  the  said  taking  is  supposed,  were  the 
spil  and  freehold  of  the  said  G.  F.  and  because  the  said 
cattle  at  the  said  time  when  the  said  taking  is  supposed,  were 
depasturing  the  grass  tlipn  growing  there,  and  doing  damage 
there  ;  the  said  G.  F.  well  avows  the  taking  of  the  said 
cattle,  in  the  aforesaid  ten  acres  of  land,  in  which  the  said  taking 
is  supposed,  and  justly,  for  doing  damage  there  ;  and  this  he  is 
ready  to  verify  ;  wherefore  he  prays  judgment  for  his  damages 
aforesaid  done  to  him  by  the  said  cattle,  in  manner  aforesaid, 
which  the  said  G.  F.  saith  is  dollars,  at  the  least, 

together  with  the  costs  and  charges,  ia  this  behalf  expended   by 
him,  the  said  G.          F.  G.         F. 

PLEA  IN  BAR  OF  THE  AFOWRY. 
And  (he  said  J.         I).         sailh  that  the  said  G.         F. 
ought  not,  for  the  reason  by   him  alledged,  to   avow   the  taking 
the  said  cattle  in  the  said  place  where  the  same  were  taken,  to 


JTSTiCE  OF  THE  PEACE. 


Replevin. 


be  just,  because  be  saith  that  tbe  said  place  where  the  said  cattle 
ivere,  is,  and  at  the  time  of  his  taking  the  said  cattle,  as  aforesaid, 
was  not  enclosed  with  fenee  of  five  rails  high,  or  stone  wall  four 
feet  high,  well  and  substantially  erected,  jpor  with  any  olher, 
fence  equivalent  to  such  five  rail  fence,  foi  that  the  front  fence 
thereof  separating  the  said  t**n  acre.s,  wherein  said  cattle  were 
taken  from  said  highway,  is,  and  then  was  broken  a^d  decayed, 
and  altogether  unequal  to  a  fence  of  live  rails  high,  well  and  sub 
stantiaily  erected  ;  and  that  tiie  said  cattle  depasturing  and  feed- 
ing on  said  highway,  as  well  they  might,  then  and  there  strayed 
on  to  said  ten  acres,  for  want  of  such  fiout  fence  of  five  rails 
high,  or  stone  >vall  of  four  feet  high,  or  some  other  fence  equiva- 
lent to  ?uch  five  rail  fence,  when  and  where  the  same  cattle  were 
by  the  said  G.  F.  taken  unjustly  and  impounded,  and 
the  sau.e  detained  until  the  constable  made  deliverance  of  their, 
to  the  said  J.  D.  as  the  said  J.  D.  above  com 
plains  against  him  for  the  same  ;  and  this  he  is  ready  to  verify  : 
Wherefore  the  said  J.  D.  prays  judgment,  that  his  dam- 
jges,  by  reason  of  the  taking  and  unjustly  detaining  of  the  said 
cattle,  together  with  his  cost  in  this  prosecution,  may  be  adiivJ^- 
cd  to  him,  by  this  court. 

J.  D. 

REPLICATION. 

And  the  said  G.  F.  saith,  that  tho  said  ten  acre.: 

where  the  said  cattle  were  taken,  was  enclosed  u'itli  stone-wall 
fyur  feet  high,  well  and  substantially  erected,  without  that,  that 
the  front  fence  separating  Ihe  same  tea  acres  wljerein  said  cattle 
were  taken,  from  said  highway,  is,  and  then  was  broken  and  de- 
cayed, and  altogether  unequal  to  a  fence  of  live  rails  high,  am. 
hereof  he  puts  himself  on  tbe  court.  G.  F. 

And  the  said  J.         D.         doth  the  like,         J.         D. 

JUDGMENT  AND  RECORD. 

F.  county,  ss.  S. 

At  a  court  held  on  the          day  of  A.  D.         at  S. 

in  said    county    of  F.  before  J.  13.  Esquire, 

one  of  the  justices  of  the  peace  for  said  county,  J.  D. 

of  against  G.         F.          of  in  an  action  of  u'plevm 


204  JUSTICE  OF  THE  PEACE. 

Replevin. 

of  certain  cattle  of  the  said  J.  D.  taken  and  impounded 
by  the  said  G.  F.  the  said  G.  F.  avows  the  tak- 
ing of  the  cattle,  damage  feasant,  in  ten  acres  of  his  mowing 
ground,  situate  at  a  place  called  in  said  S.  and  the 

said  J.         D.         pleads  in  bar  of  the  avowry  of  said  G. 

F.  because  of  the  insufficiency  of  the  fence  enclosing  said 
ten  acres,  and  the  said  G.       F.         travesses  the  insufficiency  of 
said  fence,  and  thereof  puts  himself  on  tliu  court  for  trial ;  and  the 
?-aid  J.         D.         doth  the  like  :   all  which  fully  appears  by  the 
writ,  declaration,  and  pleadings,  in  the  case  on  file.     The  said 
justice  B.  having  fully  heard   the   evidence   adduced  and 
the    arguments  urged    by  the    parties,   finds   that  the  said  front 
fence,  separating  the  said  ten  acres   from  said  highway,  is,  and 
then  was  at  the   time  of  said  taking  of  said  cattle    by  the  said 

G.  F.         broken  down,  decayed,  and  altogether  unequal  to 
a   fence   of  five  rails  high,  and   that  the   said  J.         D.         is 
damaged,  by    taking   of   the  said   cattle,   the   sum  of  : 
whereupon  it  is  considered,  that  the  said  J.           D.          recover 
of  him,  the  said  G.          F.           the  sum  of                 damages,  for 
the  taking  and    impounding   said  cattle,  together   with  his  cost, 
taxed  at             and  that  execution  issue  therefor  accordingly. 

J.          B.         Justice,  of  the  Peace. 

NOTE. — (If  the  issue  is  found  for  the  defendant,  the  form  may 
be  thus.} 

,   finds   that  the  said  front   fence,  separating   the  said  ten 

acres,  in  which  the  cattle  were  taken,  from  said  highway,  is  not, 
nor  was,  at  the  time  of  taking  of  said  cattle  by  the  said  G. 
F.         broken  down,  nor  decayed,  but  is,  and  then  was  equiva- 
lent to  a  five  rail  fence,  and  the  said  G.         F.         suffered  dam- 
age   from  said  cattle  the  sum  of  Whereupon  it  is  consider- 
ed, that  the  said  G.         F.         recover  of  the  said  J.         D. 
the  sum  of             for  his  damages  done  by  said  cattle,  in  said  ten 
acres  of  mowing,  together  with  his  cost,  taxed  at  and  that 
execution  issue  therefor  accordingly. 

J.         B.         Justice  of  the  Peace. 


JUSTICE  OF  THE  PEACE.  205 


Replevin. 


FORM  OF  A  WRIT  AMD  DECLARATION, 

In  replevin  by  the  orvnert  rvhere  his  goods  or  chattels  are  attached, 

taken,  or  held,  as  the  property  of  another t  or  "without  any  legal 

process  whatever. 

To  the  sheriff  of  the  county  of  F.  his  deputy,  or  either 

of  the  constables  of  the  town  of        within  said  county,  Greeting : 

By  authority  of  the  State  of  Connecticut,  you  are  hereby  com- 
manded, justly,  and  without  delay,  to  cause  to  be  replevied  un- 
to J.  D.  of  his  goods  and  chattels,  following,  t« 
wit,  (here  enumerate  and  particularly  describe  them')  now  at- 
tached, (or  taken  as  the  case  may  6e)  and  detained  by  G.  F. 
of  S.  at  in  said  S.  anlers  the.  same  are  lax- 
en  as  the  property  of  the  said  J.  D.  -upon  execution  after 
judgment,  or  for  fines,  or  rates,  or  some  matter  of  admiralty  ju- 
risdiction. And  summon  the  said  G.  F.  to  appear  be- 
fore J.  B.  Esquire,  one  of  the  justices  of  the  peace  for 
said  county  of  F.  on  the  day  of  A.  D.  at 
his  dwelling  house  in  said  S.  then  and  there  to  answer  un- 
to the  said  J.  D.  in  a  plea  of  replevin,  for  that  the  said 
G.  F.  on  the  day  of  A.  D.  at  said  S. 
unlawfully,  and  without  any  justifiable  cause,  took  the  goods  and 
chattels  of  the  ?aid  J.  D.  and  them  unlawfully  detained 
to  this  day,  to  the  damage  of  the  said  J.  D.  the  sum  of 
dollars,  (the  said  J.  D.  having  given  good  and 
sufficient  security  to  prosecute  his  replevin  to  effect,  and  to  sat- 
isfy and  answer  such  damages,  demands,  and  dues,  as  the  said 
G.  F.  shall  by  law  recover  against  him.)  Hereof  fail 
not,  and  make  due  return,  ^c. 

Dated  at         th,is         day  of  A.  D. 

The  state  duty  of  seventeen  cents  is  paid  hereon,  and  J. 
P.         and  E.         F.         recognized  in  $  for  prosecu- 

tion, &c.  beforo  me. 

J.          B.          Jniiict  oflh*  Peace. 


JUSTICE  OF  THE  PEACE, 


Mittimus  ,fpr  want  of  Bail. 


CHAPTER  VIII. 

SECT.  I. 

MITTIMUS, 

Where  thtt  body  .of  a  defendant  has  been  taken  on  an  attachment., 
and  he  refuses,  or  neglects  to  procure  bail. 


T 


O  M.         C.         a  constable  of  the  town  of  S.  m 

JFi  county,   and  to  the  keeper  of  the  gaol  in  F.  iu 

said  county,  Greeting  : 

Whereas  it  appears  to  me  L.  L.  Esquire,  a  justice  of 
the  peace  for  said  county,  that  the  body  of  G.  F.  of 
is  attached  by  you  the  said  constable,  by  virtue  of  a  writ  of  at- 
tachment, issued  in  favour  of  J.  P.  of  said  S. 
against  him  the  said  G.  F.  directed  to  the  sheriff  of  the 
county  of  F.  his  deputy,  or  either  of  the  constables  of 
S.  within  Raid  county  of  F.  demanding  the  sum  of 
dollars,  returnable  before  J.  B.  Esquire,  a  justice 
of  the  peace  for  said  county,  on  the  day  of  A.  D. 
at  his  dwelling  house  in  aforesaid,  dated  at  on  the 
day  of  A.  D.  and  signed  by  L.  L.  a  jus- 
tice of  the  peace  for  said  county  of  F.  And  whereas  it  al- 
so appears  to  me,  the  subscribing  justice  L.  L.  that  the 
said  G.  F.  neglects  and  refuses  to  give  bail  for  his  ap- 
pearance before  the  said  justice  B.  according  to  the  require- 
ments of  said  writ,  although  a  reasonabje  time  hath  been  allow- 
ed to  him  therefor. 

These  are  therefore,  by  authority  of  the  State  of  Connecticut, 
:o  authorise  you  the  saidconstablej  to  convey  the  said  G.     F. 
to  the  gaol  in  F.  in  said  county  of  F.  and  there  to 

deliver  him  the  said  G.  F.  together  with  this  precept, 
to  the  said  keeper  of  said  gaol.  And  you  the  said  keeper,  are 
hereby  required  to  receive  him  the  said  G.  F.  into  your 
custody,  in  said  gaol,  and  him  therein  safely  keep,  until  he  shall 
be  delivered  by  order  of  law. 

Dated  at         this         day  of  A.  D. 

JL.         L.         Justice  of  the  Peace. 


JUSTICE  OF  THE  PEACE.  207 

Mittimus  for  want  of  Hail. 
SECT.  II. 

To  R.         R.         of  in  F.  county,   a  deputy  to 

the  sheriff  of  said  county,  and  to  the  keeper  of  the  gaol  in  F. 
in  said  county,  Greeting  : 

Whereas  it  appears  to  me,  L.         L.         Esquire,  a  justice  of 
the  peace  for  said  county,  that  the  body  of  G.         F.         of 
in  said  county,  is  attached   by  yoti,  the    said  deputy  sheriff,  by 
virtue  of  a  writ  of  attachment,  issued  in  favour  of  J.         D. 
against  the  said  G.         F.         directed  to  the  sheriff  of  the  coun- 
ty of  F.  his  deputy,  or  cither  of  the  constables  of  the  town 
of             within  said  county,  demanding  dollars,  returnable 
to  the  County  Court,  to  be  held  on  the         Tuesday  of 
A.  D.         at             in  and  for  the  county  of  dated  the 
day  of            A.  D.         and  signed  by  J.         B.         a  justice  ot 
the  peace  for  said  county  of            And  vvherras  the  said  G. 
F.         refuses  and  neglects,    to  give  bail  for  his  appearance  be- 
fore said  County  Court,   according  to   the  requirements   of  said 
writ,  though  a  reasonable  sime  hath  been  allowed  to  him  therefor. 

These  are  therefore,  by  authority  of  the  State  of  Connecticut, 
\o  authorise  you  the  said  deputy  sheriff,  to  convey  the  said  G. 
F.         to  the  gaol  in  F.  in  said  county  of  F.  and 

him  there,  with  this  precept,  to  deliver  to  the  said  keeper  there- 
of, and  you  the  said  keeper,  are  hereby  required  to  receive  the 
said  G.  F.  into  your  custody,  in  said  gaol,  and  him  there- 
in safely  keep,  until  he  shall  bo  therefrom  delivered  by  order  of 
Taw. 

Dated  at  this         day  of  A.  D. 

J,  P.  Jwtfic*  of  Ike    PfOff 


208  JUSTICE  OF  THE  PEACE, 


Judgment  and  Picas. 


CHAPTER  IX. 


F 


JUDGMENT  AND  PLEAS. 
OF  NON-SUIT. 


County,  ss.  S. 
At  a  court  held  the          day  of       -      A.  D.          at 
in  county,   before    J.  B.  Esquire,  one  oi  the 

justices  of  the  peace    for  said  county,  J.  D.  of 

against  G.         F.         of  in  an  action  of  book  debt,  the  de- 

fendant appeared,  and  tine  plaintiff  being  three  times  called,  did 
not  appear  ;  whereupon  it  is  considered  by  the  court,  that  the 
defendant  be  no  longer  holden,  to  make  answer  in  said  action., 
and  that  he  recover  his  cost,  taxed  at  against  the  plaintiff, 

and  that  execution  issue  therefor  accordingly. 

J.         B.         Justice  fifths  Peace. 

ON  DEFAULT 

The  plaintiff  appeared,  and  the  defendant  being  three  times 
called,  did  not  appear,  whereupon  it  is  considered  by  the  court, 
that  the  plaintiff  recover  of  the  defendant,  the  sum  of  dam- 

ages, together  with  his  cost,  taxed  at  and  that  execution 

issue   therefor  accordingly. 

J.         B.         Justice  of  the  Peace. 

PLEA,  TO  THE  JURISDICTION  OF  THE  COURT. 

F.  County,  ss.  S. 

On  the  day  of  A.  D.  the  defendant  conies,  and 
prays  the  opinion  of  the  court,  whether  it  will  take  cogni- 
sance of  the  plaintiff's  s-aid  action.  For  that  the  same  is  an  ac- 
tion of  trespass,  with  force  and  arms,  and  the  sum  therein  de- 
manded of  the  defendant,  is  twenty  dollars,  and  this  he  is  ready 
to  verify,  and  hereof  prays  judgment,  &c. 

G,         F. 


JUSTICE  OF  THE  PEACE. 


Judgment  and  Pleas. 


DEMURRER. 

And  the  plaintiff  replies  to  llie  defendant's  plea,  above  plead- 
ed, and  says,  that  the  same,  and  the  matters  therein  contained, 
are  insufficient  in  the  law,  and  hereof  prays  judgment,  &c.  ;•«':**$ 

J.         D. 

And  the  defendant  rejoins,  and  says,  that  his  plea  above  plead- 
ed, and  the  matters  therein  contained;  are  sufficient  in  the  law, 
ami  hereof  prays  judgment. 

G.         F. 

JUDGMENT. 

F.  County,  ss.  S. 

At  a  court  held   on  the         day  of         A.   D.         at  iu 

aaid  county,  before  J.         B.         Esquire,  one  of  the  justices  of 
ihe  peace  for  said  county,  J.         D.         of  against  G. 

F.         of  in  an  action  of  trespass  ;  the  defendant  pleads 

to  the  jurisdiction  of  the  court,  because  the  plaintiff,  in  his  ac- 
tion, demands  twenty  dollars  of  the  defendant ;  the  plaintiff  de- 
murs to  the  defendant's  plea,  and  the  defendant  joins  in  demur- 
rer ;  all  which  more  fully  appears  by  the  vrif,  and  pleadings, 
in  this  case  on  file.  The  court  having  duly  heard  and  well 
weighed  the  arguments  of  the  parties  respectively,  considers, 
that  the  defendant's  said  plea,  and  the  matters  therein  contained, 
m  sufficient,  and  that  the  defendant  recover  his  cost,  taxed  at 
against  the  plaintiff,  and  that  execution  issue  therefor  ac- 
cordingly 

J.          B.  •        Justice  cf  the  peace. 

NOTE.  .  If  the  plea  to  the  jurisdiction  on  an  abatement  be  con- 
sidered insufficient,  the  judgment  will,  run  thus,  after  the  -ssord  con- 
tained ;  are  insufficient,  and  that  the  defendant  answer  over  to 
the  action. 

PLEA  'IN  ABATEMENT. 

The  defendant  comes  into  court,  and  pleads  and  says,  that  the 
plaintiffs  writ  and  process  ought  to  abate  and  be  dismissed,  for 
the  defendant  says,  that  the  plaintiff's  said  writ  was  issued  b\ 
the  authority  who  signed  the  same,  on  the  first  day  of  be- 
tween lt»e  dawning  of  the  saine  day  and  the  rising  of  1h<?  «:nr> 
27 


-JUSTICE  OF  THE  PEACE. 


Judgnica*  and  1'jca- 


therton,  while  a  man's  countenance  might  have  been  discerned 
by  the  light  of  the  sim  ;  and  that  the  same  writ  was  served  on 
the  defendant  on  the  same  first  day  of  during  the  twilight, 
after  the  setting  of  the  sun,  while  a  man's  countenance  could  have 
been  discerned  by  the  light  thereof;  and  that  the  same  first  day 
of  was  the  first  day  of  the  week,  the  sabbath  and  Lord's 
day,  and  that  said  writ  was  at  no  other  time  either  issued  or 
served  than  as  aforesaid  ;  and  this  the  defendant  is  ready  to  ver- 
ify, and  thereof  prays  judgment  that  the  plaintiff's  said  writ  and 
process  may  abate  and  be  dismissed,  and  the  defendant  be  no 
lonevr  holden  to  make  answer  thereto. 

G.         F. 

DEMURRER. 

And  the  plaintiff'  says,  that  the  defendant's  plea  above  plead- 
ed, and  the  matters  therein  contained,  are  insufficient  in  the 
Jaw,  judgment,  &.c. 

J.        D. 

And  the  defendant  says,  his  said  plea  and  the  matters  therein 
contained  are  sufficient  rn  the  law,  judgment,  &c. 

G.        F. 

PLEAS  IX  CHIEF. 

F.  county,  ss.  S. 

The  defendant  in  court,  defends,  pleads,  and  says,  that  ho 
never  promised  the  plaintiff,  in  manner  and  form,  as  is  in  his 
leclaration  alledged,  and  hereof  puts  himself  on  trial.  And  by 
special  leave  of  the  court,  the  defendant  further  pleads  and  says. 
that  the  plaintiff  ought  not  to  have  and  maintain  his  said  actions 
but  thereof  ought  to  be  barred,  for  that  the  defendant  says,  tha1 
before  the  date  and  impetration  of  the  plaintiff's  writ,  viz.  on 
at  he  paid  to  the  plaintiff,  and  the  plaintiff  received  oftht 

defendant,  the  sum  of  twenty  dollars,  on  said  note.  And  that 
as  to  the  residue  of  said  note,  and  the  sum  remaining  due  thereon, 
the  defendant  says,  that  before  the  date  and  impetration  of  the 
plaintiff's  writ,  to  wit,  on  the  day  of  A.  D.  it  was  ac- 
corded and  agreed,  by,  and  between  the  plaintiff  and  defendant, 
it  said  that  the  defendant  should  then  and  there  deliver. 


JUSTICE  OF  THE  PEACE.  ~'U 


to  tae  plaintiff  two  tickets  in  the  class  ofthc  Washington  bridge 
lottery,  in  full  satisfaction  of  the  sum  then  remaining  due  on 
said  note,  and  unpaid  ;  and  that  the  defendant  did  then  and  there 
in  pursuance  of  said  accord,  deliver  to  him,  the  plaintiff  two 
tickets  in  the  said  class  of  the  said  Washington  bridge  lot- 

tery, in  full  satisfaction  of  the  sum  then  due  on  said  note,  and  un- 
paid ;  and  that  the  plaintiff  then  and  there  received  of  him  the 
defendant  the  said  two  tickets,  last  mentioned,  in  full  satisfaction 
of  the  sum  then  due  on  said  note,  and  unpaid  ;  all  which  the  de- 
fendant is  ready  to  verify,  and  hereof  prays  judgment,  &tc. 

G.         F- 

And  as  to  the  plea  of  non-assumpsit,  the  plaintifflikewise  puts 
himselfon  trial,  and  replies  to  the  defendant's  plea  in  bar,  by 
special  leave  of  the  court  above  pleaded,  and  says,  that  any  thing 
therein  contained,  notwithstanding  he  ought  not  to  be  barred, 
without  that,  that  the  defendant  before  the  date  and  inspection  of 
the  plaintiff's  writ,  to  wit.  on  the  day  of  A.  D.  made 
payment  of  the  sum  of  twenty  dollars  to  the  plaintiff  on  said  note, 
and  without  that,  that  the  plaintiff  then  and  there  received  of  him, 
the  defendant,  the  said  sum  of  twenty  dollars,  in  payment  of  so 
much  money  on  said  note,  and  this  he  prays  may  be  enquired 
of  by  the  court. 

And  as  to  the  rest  and  residue  of  the  defendant's  said  plea  in 
bar,  the  plaintiff  says,  that  the  same  and  the  matters  therein  con- 
tained, are  insufficient  in  the  law,  and  hereof  prays  judgment, 
&c. 

J.         D. 

JUDGMENT. 

F.         county,  ss.  S. 

At  a  court  held  on  the         day  of         A.   D.         at         iu 
county,  before  J.         B.         Esquire,  one  qf  the  justices  of  the 
peace  for  said  county,  J.          D.          of         r.gainst  G.          F. 
of         action  of  assumpsit  on  note,  demanding  thirty  five  dollars  ; 
the  defendant    pleads,  first,    non-assumpsit,  on   which  issue    is 
joined  by  the  plaintiff,  and  by  special  leave  of  the  court,  the  de- 
fendant further  pleads  in  bar,  payment  before  the  date,  and  im. 


212  JUSTICE  OF  THE  PEACE. 

Jud^iii'  ;n  nnd  Ple;-s. 

petration  of  the  plaintiff'?  writ  of  twenty  dollars,  on  the  note,  on 
which,  &c.  and  as  to  the  residue  of  said  note,  and  the  sum  re- 
maining due  thereon,  the  defendant  pleads  an  accord  with  satis- 
faction by  the  delivery  and  receipt  of  two  tickets  in  Washing- 
ton-bridge lottery,  and  the  plaintiff  traverses  the  payment  of  said 
twenty  dollars,  and,  as  to  the  accord,  demurs  ;  the  defendantjoins 
the  issue  on  the  payment  of  the  twenty  dollars,  and  joins  in  the 
demurrer  to  the  accord  pleaded  ;  all  which  more  fully  appears  by 
the  declaration  and  pleadings  in  the  case  on  file.  The  court 
having  beard  the  argument?  urged  by  the  council  for  the  parties 
upon  the  issue  in  law,  is  of  opinion,  that  the  defendant's  plea  in  bar, 
settin*,  forth  an  accord,  with  satisfaction,  and  matters  therein 
contained,  nre  sufficient  in  the  law  :  whereupon  it  is  considered 
by  the  court,  that  the  defendant  be  no  longer  holden  to  make 
answer  in  the  action,  and  that  he  recover  his  costs,  taxed  at  the 
pum  of  and  that  execution  issue  therefor  accordingly. 

J.         B.         Justice  of  the  Peace. 

NOTE.  Where  there  are  issues  loth  in  fact ^  find  in  la's:,  it  it 
proper  that  the  issues  in  Jars  be  first  determined  ;  and  if  they  cov- 
er the  whole  of  the  case,  it  renders  useless  a  hearing  on  the  issues 
in  fact.  If  the  demurrer  in  the  above  form  had  been  decided  in 
favor  of  the  plaintiff",  the.  issue  in  fact,  would  hare  been  next  in 
order  to  be  determined,  in  the  form  following,  riz. 

Having  heard  the  evidence  adduced  and  the  arguments  urged 
by  the  parties,  on  the  issue  of  non-assumpsit,  the  said  justice 
B.  finds,  that  the  defendant  did  assume,  and  promise,  in 
manner  and  form,  as  is  in  the  plaintiff's  declaration  alledged  ; 
and  also  finds,  that  there  is  the  sum  of  due  on  said  note 
whereupon  it  is  considered,  that  the  plaintiff  recover  of  the  de- 
fendant the  sum  of  damages,  and  his  cost,  taxed  at  and 
that  execution,  &c. 

If  the  issue  on  non-assumpsit  be  found  in  favor  of  the  defen- 
dant, thejorm  is,- ,  finds  that  the  defendant  did  not  assume 

and  promise,  in  manner  and  form,  as  is  in  the  plaintiff's  declara- 
tion alledged  :  whereupon  it  is  considered  by  the  court,  that 
the  defendant  recover  his  cost,  taxed  at  of  the  plaintiff,  and 
lhat  execution  issue,  &c. 


JUSTICE  OF  THE  PEACE. 


Judgment  and  Pleas. 


The  issue  on  non-assumpsit  being  found  for  the  defendant,  puts 
an  and  to  the  case  ;  but  if  found  for  the  plaintiff,  then  the  issue  on 
the  payment  of  the  twenty  dollars,  as  set  forth  in  the  plea  in  bar, 
becomes  material  in  assessing  the  damages,  and  the  form  is  a»s 
follows,  to  wit. 

Having  heard  the  evidence  adduced,  and  arguments  urged  by 
the  parties,  upon  the  issues  in  fact,  between  the  parties,  the 
said  justice  B.  finds,  that  thq  defendant  did  assume,  and  pro- 
mise, in  manner  and  form,  as  is  in  the  plaintiff's  declaration  al- 
ledged  ;  and  that  on  the  day  of  A.  D.  the  defendant 
paid  to  the  plaintiff  the  sum  of  twenty  dollars  on  said  note,  and 
feat  there  is  now  due  upon  said  note  the  suin  of  whereupon 
it  is  considered  by  the  court,  that  the  plaintiff  recover  of  the  de- 
fendant the  sum  of  damages,  and  his  cost,  taxed  at  and 
4hat  execution  i«uc  therefor  accordingly. 

TROVER, 

PLEA,  OF  NOT  GUILTY. 

The  defendant  in  court  defends,  pleads,  and  says,  that  he  is 
not  guilty,  in  manner  and  form,  as  in  the  plaintiff's  declaration  is 
alledged  ;  and  hereof  puts  himself  on  trial,  G,  F. 

And  the  plaintiff  likewise.  J.         D. 

JUDGMENT  FOR   PLAINTIFF. 

F.         county,  ss.  S. 

At  a  court  held  on  the  day  of  A.  D.  at  in 
said  county,  before  J.  B.  Esquire,  Justice  of  the  peace  in 
(he  county  aforesaid,  J.  D.  against  G.  F.  in  an 

action  of  trover,  plea  not  guilty,  and  issue  joined  thereon,  as 
more  fully  appears,  by  the  declaration  and  pleadings,  in  the 
case  on  file.  Having  heard  the  evidence  adduced  and  arguments 
urged  by  the  parties,  the  said  justice  B.  finds,  that  the  de- 
fendant is  guilty,  in  manner  and  form,  as  is  in  the  plaintiff's  de- 
claration alledged  ;  and  also  finds,  that  the  goods  and  chattels 
therein  described,  and  by  the  defendant  converted,  were  at  the 
time  of  said  conversion,  to  wit,  on  the  day  of  A.  D. 
of  the  vain?  of  ,  whereupon  it  is  considered,  that  the  plain 


JUSTICE  OF  THE  PEACE. 


Judgment  and  Pleas. 


tiff  recover  of  the  defendant   the  sum  of          damages,  and  his 
cost,  taxed  at         and  that  execution  issue  therefor    accordingly. 
J.         B.         Justice  of  the  Peace. 

PLEA. 
Of  several  defendants  in  trespass,  for  taking  goods  and  chattels. 

The  defendants  in  court,  severally  defend,  plead,  and  say, 
that  they  are  not  guilty,  in  manner  and  form,  as  is  in  the  plain- 
tiff's declaration  alledged,  and  hereof  each  puts  himself  on  trial. 

A.         B.         \ 
C.         D.         f 
E.         F.          (   Defendants 
G.         H.          ) 
And  the  plaintiff  likewise  L.         M.  Plaintiff. 


JUDGMENT. 

F.  county,  ss.  S.  At  a  court,  &,c.         J.         D. 

against  A.         B.         C.         D.         E.         F.         and  G. 
H.  in  an   action  of  trespass    for   taking    plaintiff's  goods, 

and  chattels,  demanding  dollars,  &.c.  Defendants  severally 
plead  not  guilty,  on  which  issue  is  joined  by  tne  plaintiff,  all 
which  more  fully  appears  by  the  declaration,  and  pleadings  in 
the  case,  on  file.  Having  heard  the  evidence  adduced,  and  the 
arguments  urged,  by  the  parties,  the  said  justice  B.  finds, 
that,  as  to  the  taking  and  carrying  away  the  horse,  in  the  plain- 
tiff's declaration  described,  the  said  A.  B.  and  C. 
P.  are  guilty,  in  manner  and  form,  as  is  in  the  plaintiff's  de- 
claration alledgt-d  ;  and  that  the  plaintiff  is  thereby  damaged  the 
sura  of  dollars,  and  that  the  said  E.  F.  and  G. 

H.         are  not  guilty,  in  manner  and  form-  as  is  in  the  plaintiff's 
declaration  alledged  :   Whereupon  it  is  considered  by  the  court, 
that  the  plaintiff  recover  of  the  said  A.         B.         and  C. 
D.         the  sum  of  damages,  together  with  his  cost,  taxed 

at  and  that  execution  issue  therefor  accordingly  :  and  that 

the  said  E.  F.  and  G.  H.  recover  of  tlie  plain- 
tiff their  cost,  taxed  at  and  that  execution  issue  therefor 
accordingly. 


JUSTICE  OF  THE  PEACE.  216 

Juiigrnu-nt  and  Pleas. 

PLEA,  OF  OWE  NOTHING,  IN  BOOK  DEBT. 
The  defendant    in  court,  defends,  pleads,  and  says,    that  he 
owes  the  plaintiff  nothing,  in  manner  and  form,  as  is  in  the  plain- 
tiff's declaration  alledged,  and  hereof  puts  himself  on  trial. 

G.        F. 
And  the  plaintiff  likewise,  J.         D 

JUDGMENT  FOR  PLAINTIFF. 

F.  county,  ss.  S. 

At  a  court,  &tc.  J.         D.         against  G.         F.         in 

an  action  of  book  debt   demanding  dollars;    the  defend- 

ant pleads  that  he  owes  nothing,  &.c.  on  which  issue  is  join- 
ed by  the  plaintiff,  all  which  more  fully  appears  hy  the  decla- 
ration and  pleadings  in  the  case  on  file.  Having  examined  the 
account,  heard  the  testimony  of  the  parties,  and  other  evidence, 
and  all  the  other  circumstances,  by  them  adduced,  and  well 
weighed  and  considered  the  whole,  together  with  their  argu- 
ments respectively  urged,  the  said  justice  B.  finds,  that  the 
defendant  owes  to  the  plaintiff  the  sum  of  in  manner  and 

form,  as  is  in  the  plaintiff's  declaration  alledged  :  whereupon  it 
is  considered  by  the  court,  that  the  plaintiff  recover  of  the  de- 
fendant, the  sum  of  dollars,  damages,  together  with  hi* 
rost,  taxed  at  and  that  execution  issue,  &c. 

&OR  DEFENDANT. 

Jlfter  the  imord  finds,  say,  that  the  defendant  does  not  owe  to1  the 
plaintiff  in  manner  and  form,  as  in  the  plaintiff's  declaration  is 
alledged  :  whereupon  it  is  considered  by  the  court,  that  the  de- 
fendant recover  his  cost  of  the  plaintiff,  taxed  at  dollars  : 
and  that  execution  issue  therefor  accordingly. 

J.         B.         Justice  of  the  Peace. 

NOTE. — If  there  appears  to  be  a  balance  due  to  the  defendant, 
•f  more  than  fifteen  dollars,  the  form  of  the  judgment  is  as  fol- 
lows, viz. 

,    finds,  that  the  defendant  does  not   owe  the  plaintiff,    in 

manner  snd  form,  as  is  in  the  plaintiffs  declaration  alledged  ,- 
and  that  the  plaintiff  is  in  arrear  to  the  defendant,  in  a  sum  of 


216  JUSTICE  OF  THE  PEACE. 

Judgment  and  Pleas. 

more  than  fifteen  dollars ;  whereupon  it  is  considered  by  the 
court,  that  the  defendant  recover  his  cost  of  the  plaintiff,  taxed 
at  and  that  execution,  &c. 

If  the  balame  due  to  the  defendant,  does  not  exceed  fifteen  dol- 
lars, tlt&n  the  form  of  the  judgment,  after  expressing  the  amount 
found,  is,  whereupon  it  is  considered  by  the  court,  that  the  de- 
endant  recover  of  the  plaintiff,  the  sum  of  together  with 

his  cost,  taxed  at,  £c. 

PLEA  0*'  FULL  PAYMENT  OJVr  A  NOTE. 

,  defends,  pleads,  and  says,  that  the  plaintiff,  of  having  and 

maintaining  his  said  action,  ought  to  be  barred  ;  for  that  the  de- 
fendant says,  that  after  the  time  of  his  giving  the  said  note  to  the 
plaintiff,  and  before  the  date  arid  impetration  of  the  plaintiff's 
writ,  to  wit,  on  the  day  of  A.  D.  at  the  de- 

fendant paid  to  the  plaintiff  the  sum  of  which  said  sum,  so 

paid,  was  the  full  amount  of  the  sum  then  and  there  due  on  sale: 
note  ;  and  this  the  defendant  is  ready  to  verify  ;  arid  thereof 
prays  judgment,  &.c. 

G.         F. 

SPECIAL  DEMURRER. 

And  the  plaintiff  replies  to  the  defendant's  plea,  above  plead- 
ed, and  says,  that  any  thing  in  the  defendant's  said  plea,  notwith- 
standing, he  ought  not  to  be  barred,  for  that  the  plaintiff  says, 
that  the  defendant's  said  plea,  and  the  matters  therein  contained, 
are  insufficient  in  the  law,  and  for  special  cause  of  demurrer,  in 
law,  saith,  that  the  said  plea  amounts  to  the  general  issue,  and 
nothing  more,  and  thereof  prays  judgment,  &c. 

J.         D. 

REJOINDER. 

And  the  defendant  rejoins,  and  says,  that  this  said  plea  n: 
bar,  as  above  pleaded,  and  the  matters  therein  contained,  are 
sufficient  in  the  law.  judgment.  &c. 

G.         F 


JUSTICE  OF  THE  PEACE. 


Judgment  and  Picas. 


JUDGMENT. 
F.  county,  ss.  S. 

J.         D.         of  against  G.         F.  of  action 

of  assumpsit  on  note  ;  defendant  pleads  in  bar,  full  payment,  be- 
fore action  brought  :  plaintiff  demurs,  and  for  cause  says,  it 
amounts  to  the  general  issue,  —  defendant  joins  in  demurrer,  —  all 
which  more  fuHy  appears  by  the  declaration  and  pleadings  in 
the  case  on  file.  Having  heard  the  arguments  of  the  council  for 
the  parties,  it  is  the  opinion  of  the  court,  that  the  defendant's 
plea  in  bar,  as  pleaded,  is  sufficient  in  the  law  :  whereupon  it  is 
considered,  that  the  defendant  recover  his  cost  against  the  plain- 
tiff, taxed  at  and  that  execution  issue  therefor  accor- 

dingly. 

J.         B.         Justice  of  the  Peace. 

NOTE.  —  Though  according  to  long  practice,  in  this  State,  a 
plea  of  full  payment  to  an  action  on  note,  has  been  deemed  good, 
yet  it  is  somewhat  difficult  to  conceive  how  the  practice  was  in- 
troduced, as  by  the  common  law,  as  well  as  by  our  own  statute,  it 
may  at  all  times  have  been  given,  in  evidence  upon  the  general  is- 
sue o/"non-assumpsit.  It  is  to  be  presumed,  that  pleas,  full  pay- 
ment, as  welt  of  non  est  factum  to  notes,  will  gradually  go  into 
disuse. 

RECOGNIZANCE. 

Or  confession  of  debt*  6n  book,  and  judgment  the  /eon. 
F.  county,  ss.  S. 

Be  it  remembered,,  that  on  the         day  of  A.  D. 

personally  comes  before  me,  J.  B.  Esquire,  one  of  the 
justices  of  the  peace  for  F.  county,  at  in  said 

county,  G.         F.         of  aforesaid,  and  confesses  and  ac- 

knowledges that  he  owes  and  is  indebted  unto  J.          D.          of 
in   the  sum  of  dollars   and  cents,  to    ballance 

book  accounts  ;  whereupon  it  is  considered,  by  me,  the  -said  jus- 

*  If  the  debt  due,  whether  by  bo6k,  note,  or  otherwise,  exceeds  seventy 
dollars,  the  justice  cannot  render  a  judgment  upon  it  unless  it,  be  divided  into 
two,  or  more  note?,  and  confession  taken  to  each,  separately. 


218  JUSTICE  OF  THE  PEACE. 


Judgment  and  Picas. 


justice  B.  that  the  said  J.  D.  recover  of  thcTsait! 

G.  F.  the  sum  of  dollars  and  cents,  debt, 

together  with  his  cost,  taxed  at  the  sum  of  and  that  execu- 

tion issue  therefor  accordingly. 

OJV  NOTE. 

,  and  confesses  and  acknowledges,  that  the  sum  of 

dollars  and  cents,  is  now  due  and  unpaid,  upon  a  certain 

writing  or  note,  under  Ins  hand,  by  him  well  executed,  dated  the 
day  of  A.  D.  for  the  sum  of  dollars  and 

cents,  (with  interest,  or  without,  as  the  case  may  be,}  pay- 
able unto  J.  D.  of  on  demand,  (or  at  any  other 
time,  as  the  case  maybe;}  whereupon  it  is  considered,  that  the" 
said  . I.  D.  recover  of  him  the  said  G.  F.  the 
said  sum  of  dollars  and  cents,  so  as  aforesaid  acknow- 
ledged  to  be  due  and  unpaid,  together  with  his  cost  taxed  at 
and  that  execution,  $-e» . 

FORM  OF  EXECUTION, 

On  judgment  rendered  on  confession  of  debtor. 
To  the  sheriff,  &c.  Greeting  : 

Whereas  J.         D.         of  recovered  a  judgment  against 

G.  F.  ofupon  his  confession  and  acknowledgment,  before 
me,  J.  B.  Esquire,  one  of  the  justices  of  the  peace  for 
F.  '-county,  on  the  day  of  A.  D.  for  the 

sum  of  dollars  and  cents,  debt,  and  for  the  sum/>f 

dollars  and  cents,  costs  of  suit,  whereof  execution 

remains  to  be  done.  These  are,  therefp^?,  &c.  (as  in  comma* 
form.} 


JUSTICE  OF  THE  PEACE. 


Depositions. 


J. 


CHAPTER  X. 

DEPOSITIONS. 
FORM  OF  DEPOSITION. 


D.  of  of  lawful  ago,  deposeth,  and  saith  that 
on  the  day  of  A.  D.  the  deponent  at  summon- 
ed G.  F.  of  by  reading  a  summons,  directed  to  any 
indifferent  person  to  serve  and  return,  datod  the  day  of 
A.  D.  and  signed  by  J.  B.  Esquire,  justice  of  the 
peace,  requiring  him  the  said  G.  F.  to  appear  before  the 
said  justice  B.  on  the  day  of  A.  D.  at 
o'clock,  in  the  noon,  at  his  dwelling  houso  in  said  then  and 
there  to  testify  his  knowledge  in  an  action  pending  in  the  Superior 
Court,  now  in  session,  at  in  and  for  the  county  of  between 
R.  R.  plaintiff,  and  L.  L.  defendant,  and  tender- 
ed the  said  G.  F.  the  sura  of  .  as  his  fees  for  travel- 
ling and  attendance,  and  further  saith  not. 

J.         D. 

FORM  OF  CAPTION. 

F.  county,  ss.  S. 

On  the         day  of  A.  D.         the  aforesaid  J.        D. 

was  examined,  cautiffned,  and  sworn,  agreeable  to  law,  to  the 
foregoing  deposition,  taken  at  the  request  of  A.  B.  to  be 
used  in  an  action  now  pending  between  him  and  C.  D. 
before  (here  name  the  court,  justice,  rtferrees,  or  arbitrators]  and 
the  adverse  party  was  present,  (or,  was  notified,  and  not  pre- 
sent ;  or,  living  more  than  twenty  miles  from  the  place  of  cap- 
tion, was  not  notified.)  The  deponent  living  more  than  twenty 
miles  from  toe  place  of  trial,  (or,  being  about  to  travel  out  of  the 
state,  and  be  absent  from  if,  at  the  time  of  trial)  (or,  bound  on 
a  voyage  to  se«f,)  (or,  being  so  sick,)'  (or,  being  so  infirm)  (or. 


220  JUSTICE  OF  THE  PEACE, 

Depositions. 

being  so  aged,  as  to  be  unable  to  travel  and  attend  at  the  trial) 
is  the  cause  of  the  taking  of  this  deposition,  sworn  before,  and 
certified  by  me. 

J.         B.  Justice  of  the  Peace. 

SUPERSCRIPTION. 

To  the  honourable  court,  to  be  holden  at  in 

and  for  county,  on  the         Tuesday  of  A.  D. 

the  deposition  of  J.  D.  in  the  case  of  A.         B. 

against  C.         D.         taken  and  sealed  up  this         day  of 
A..D.         at     *      in  county,  by  me. 

J.         B.         Justice  of  the  Peace. 

If  the  trial  is  before  a  justice  of  the  peace,  direct  the  deposition, 
ToJ.         B.         Esquire,  justice  of  the  peace,  for  county, 

the  deposition  of  J.  D.  in  a  case  pending  before  said 
justice,  on  the  day  of  A.  D.  between  A.  B^ 

and  0.         P«         taken  and  sealed  up,  &c.  as  before.. 


JUSTICE  OF  THE  PEACE.  221 


— By  Ex'rs.  or  Adm's.  by  order  of  Court,  of  Probate. 


CHAPTER  XI. 

FORMS  OF  DEEDS. 

OF  EXECUTORS  OR  ADMINISTRATORS  OF  LAND, 
SOLD  BY  ORDER  OF  THE' COURT  OF  PROBATE, 
TO  PAY  DEBTS. 


K 


_NOW  all  men  by  these  presents,  that  I,  J.       D.        of 
in  the  county  of  executor  of  the  last  will  and  testament  of 

G.         F.         late  of  deceased,   (or  administrator  of  the 

estate  of  G.         F.         late  of  deceased,  intestate,)  by  vir- 

tue of  an  order  of    court  of  probate,  for  the   district  of 
me  directing  to  sell,  at  public  vendue,  so  much  of  the  real  es- 
tate that  was  of  the  said  G.         F.         deceased,  as  shall  be  suf- 
ficient to  raise  the  sum  of        dollars,  and         cents  (being  the 
amount  of  debts  and  demands  against  the  said  estate,  exceeding 
the  personal  estate,)  with  incidental  charges  ;  and  in  considera- 
tion of  the  sum  of        dollars  and         cents,  received  to  my  full 
satisfaction  of  L.       M.       of     in  said  county,  do  grant, bargain, 
sell,  and   confirm,  unto  the  said   L.         M,         all  the  right, 
title,  interest,  claim,  and  demand,  which  the  said  G.         F. 
had  at  the  time  of  his   decease,  in  and  to   (here  describe  the  es- 
tate sold,  as  well  buildings,  as  /ant?,)  (he  the  said  L.         M. 
being  the  highest  bidder,  for  the  described  premises,   when  of- 
fered for  sale  at  a  public  vendue,  held  on  the         day  of        A, 
D.         at  in  said  county,  for  the  sale  of  the  same,  in  pur- 

suance of  said  order.)  To  have  and  to  hold  the  said  granted 
and  bargained  premises,  with  the  appurtenances  thereof,  unt® 
him  the  said  L.  1VT.  his  heirs  and  assigns,  to  his,  and  their 
own  proper  use  and  benefit,  forever.  And  I,  the  said  J. 
D.  as  executor,  (or  administrator,)  aforesaid,  do  hereby 
covenant  with  him  the  said  L.  M.  his  heirs  and  assigns, 
'hat  I  have  lull  ppwer  and  authority,  as  executor,  (or  administra- 


£?2  JTTfiTTCE  OF  THE  PEACE. 

Deeds  by     >u-i--<'j'.,n,  who  sells  ,  iinor's   Land. 

tor,)  aforesaid,  to  grant  and  convey  the  described  premises,  in 
manner  and  form  aforesaid,  and  for  myself,  my  heirs,  execu- 
tors, and  administrators,  do  further  covenant  to  warrant  and  de- 
fend the  same  to  him  the  said  L.  M.  his  heirs  and  assigns, 
ag,  inst  the  claims  of  any  person  or  persons  whomsoever,  claim- 
ing by,  from,  or  under  me,  as  executor,  (or  administrator)  afore- 
said. In  witness  whereof,  1  have  hereunto  set  my  hand  and 
<~ea!..  this  day  of  A.  D. 

J.         D.         administrator  of  the  estate  of  i  i 

G.         F.         deceased.  '  '    [ 

Signed,  sealed,  and  delivered, 
in  presence  of 


BY  GUARDIAN,  WHO  SELLS  MINOR'S  LAND. 

Know  all  men  by  these  presents,  that  I,  J.          D.         of 
in  the  county  of  guardian  to  G.         F.         a  minor,  under 

the  age  of  twenty  one  years,  by  virtue  of  licence  and  authority 
to  me  granted  by  the  court  of  probate,  for  the  district  of  (I 

having  given  bond  with  surety  to    him   as    the  law  directs,)  to 
sell  the  real  estate  of  ?aid  L.         M.         situate  in         and  con- 
sisting of  (here  describe  the  estate  sold,}  and  for  the  consideration 
of          dollars  received  to  my  full  satisfaction   ofL.         D. 
of        do  grant,  bargain,  sell,  and  confirm  unto  the  said  L. 
D.       the  above  described  estate  of  the  said  G.       F.         a  minor, 
as  aforesaid  ;  the  said  L.       D.         being  the  highest  bidder  for 
the  same,  when  offered  for  sale  at  a  public  vendue,  held  on    the 

day  of  A.  D.  at  in  said  county,  for  the  sale  of  said 
described  premises,  in  pursuance  of  said  licence  and  authority  of 
aaid  court  of  probate. 

To  have  and  to  hold  the  said  granted  and  bargained  premises, 
with  the  appurtenances  thereof,  to  the  said  L.  D.  his 

Leirs  and  assigns,  and  to  his  and  their  only  use  and  behoof,  for 
ever.  And  I  the  said  J.  D.  as  guardian  aforesaid,  do 

covenant  with  the  said  L.  D.  his  heirs  and  assigns,  that 
I  have  full  power,  and  authority  in  said  capacity,  to  grant  and 
convey  the  described  premises,  in  manner  and  form,  aforesaid. 
And  I  for  myself,  my  heirs,  executors,  and  administrators,  do 


JUSTICE  OF  THE  PEACE  $23 

Mortgage   Deed. 

further  covenant  to  warrant  the  same  to  him  the  said  L.       D. 
his  heirs  and  assigns,  against  the  claims  of  any  person  or  persons 
whatsoever,  claiming  by,  from,  or  under  me,  as  guardian  afore- 
said.    In  witness  whereot,  I  have  hereunto  set  my  hand  and  seal, 
this         day  of  A.  D. 

J.         D.         Guardian  to       /  \ 

G.         F.         a  minor.  V,  SE   L>  / 

Signed,  sealed,  and  delivered 

in  presence  of 

F.          county,  ss.   S. 

On  the         day  of         A.  D.         personally  appeared  J. 
D.         signer  an   sealer  of  the  foregoing  instrument,    and  ac 
knowledged  the  same  to  be  his  act  and  deed,  before  me. 

J.         B.         Justice  of  the  Peace. 

MORTGAGE   DEED. 

Know  all  men  by  these  presents,  that  I,  J.  D.  of 
In  the  county  of  for  the  consideration  of  received  to  my 
full  satisfaction  of  G.  F.  of  do  give,  grant,  bargain", 
sell,  and  confirm,  unto  the  said  G.  F.  (here  describe  the 
estate  Mortgaged,}  to  have  and  to  hold  the  premises  aforesaid, 
with  all  their  appurtenances,  unto  him  the  said  G.  F. 
his  heirs  and  assigns,  to  his,  and  their  own  proper  use  and  benefit, 
for  ever.  And  I,  the  said  J.  .  D.  do,  for  myself,  my  heirs, 
executors,  and  administrators,  covenant  with  the  said  G. 
F.  his  heirs,  and  assigns,  that  until  the  ensealing  of  these 
presents,  I  am  well  seized  of  the  premises  as  a  good  indisposa- 
ble  estate,  in  fee  simple,  and  have  good  right  to  bargain  and  sell 
the  same,  in  manner  and  form,  as  is  above  written  ;  and  that 
the  same  is  free  of  all  incumbrances  whatsoever,  and  do  here- 
by bind  myself  and  my  heirs,  for  ever,  to  warrant  and  defend 
the  same  premises  to  him  the  said  G.  F.  his  heirs,  and 
assigns,  against  all  lawful  claims,  and  demands,  whatsoever  ; 
provided  always,  and  upon  condition,  that  if  the  said  J. 
D.  his  heirs  or  assigns,  do  well  and  truly  pay,  or  cause  to  be 
paid  to  the  said  G.  F.  his  executors,  administrators,  or 
assigns,  the  amount  which  shall  be  due  on  one  certain  note  of 
hand,  lor  the  sum  of  bearing  date  on  th^  day  of  A.  D 


224  JUSTICE  OF  THE  PEACE. 

Mortgage    Deed. 

-signtd  by  the  said  J.  D.  and  payable  on  demand  (or 
any  other  time,)  \\  ith  interest,  to  the  said  G.  F.  '  accord- 
ing to  the  tenor  thereof,  then  the  above  deed  is  to  be  null  and 
void,  otherwise  to  be  and  remain  in  full  force  and  virtue,  in  the 
law.  In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,- 
this  day  of  A.  D. 

Signed,  sealed,  and  delivered,  >  J          D          (SEAL  ^ 

in  presence  of  {  \         'i 

F.         county,  ss.  S. 

On  this         day  of        A.  D.         personally  appeared  J. 
D.         signer  and  sealer  of  the    foregoing  instrument,  and  ac- 
knowledged the  same  to  be  his  act,  and  deed,  before  me. 

J.         B.         Justice  of  the  Peace. 


JUSTICE:  OF  THE  PEACE.  225 


Indenture. — A  Father  binding  his  Child. 


CHAPTER  XII. 

INDENTURES  OF  APPRENTICESHIP,  i* 

A  Father  Binding  his  Child. 

r  flp 

f    HIS  Indenture,  made  this         day  of  ia  the  year 

of  our  Lord  between  J.         D. 

of  father  of  L.         L).         his  son,  a  minor,  under  the  nge 

of  twenty  one  years,  of  the^orte  part,  and  G.         F.         of 
of  the  other  part,  witnesseth,  that  the  said  J.  D.  hath 

placed  and  bound  his  said  son  L.  D.  an  apprentice  to 

the  saidG.          F.         to  be  instructed  in  the  art,  mistery,  trade, 
and  occupation  of  which  the  said  G.         F.         now  uses, 

and  to  live  with,  and  serve  him  as  ah  apprentice,  from  the   day 
of  the  date  hereof,  until  he,  the  said  L.  D.  shall  arrive 

at  and  be  of  the  age  of  twenty  one  years,  which  will  happen  on 
the  day  of  A.  D.  if  the  said  L.  D. 

so  long  lives  ;  all  which  time  the  said  L.  D.  as  an  ap- 

prenlicte,  shall  faithfully  serve,  and  be  just  and  true  unto  him, 
the  said  G.  F.  as  his  master*  and  his  secrets  keep,  and  his 
lawful  commands  everywhere  willingly  obey  :  he  shall  do  no 
injury  to  his  said  master,  in  his  person,  family,  property,  or 
otherwise  ;  nor  suffer  it  to  he  done  by  others  :  he  shall  not  em- 
bezzle, nor  waste  the  goods  of  his  said  master,  nor  lend  them, 
without  his  consent :  he  shall  not  play  at  cards,  or  other  unlaw- 
ful games,  nor  frequent  taverns,  or  tipling  houses,  or  shops,  c.v 
cept  about  his  master's  business,  there  to  be  done  :  he  shall  not 
commit  fornication,  nor  contract  marriage,  nor  at  any  time,  by 
day  or  night,  absent  himself  from,  or  leave  his  said  master's 
service,  without  his  consent ;  but  in  all  things,  as  a  good  and 
faithful  apprentice)  shall  and  will  behave,  and  demertn  himsell 
to  his  said  master,  and  all  his  during  the  time  aforesaid,  And 
the  said  G.  F.  on  his  "part,  for  the  consideration  of  the  prem- 
ises, doth  covenant,  and  agree,  to,  and  with  the  said  father  and 

29 


JUSTICE  OF  THE  PEACE. 


Indenture. —  By  Guardian  with,  and  without  Property. 

-on,  each  by  himself,  respectively  and  jointly,  to  teach  and  in- 
struct ihe  said  L.  I).  as  bis  apprentice,  or  otherwise 
'  cause  him  to  be  well  and  sufficiently  instructed  and  taught,  in 
the  art,  mystery,  trade,  and  occupation  of  after  the  best 
Vvay  and  manner  that  he  can  ;  and  to  teach  and  instruct  him  the 
said  apprentice,  or  cause  him  to  be  taught  and  instructed,  to 
read  and  to  write,  and  in  arithmetic,  as  far  as  (or,  for 
the  term  of  as  the  parties  shall  agree,}  and  instruct  him 
'in  religion,  and  morals,  and  cause  him  regularly  to  attend  public 
voi^bip  on  the  Lord's  day,  annual  fast  and  thanksgiving-days  ; 
;md  permit  him  so  to  do  on  other  days  of  public  worship,  in  the 
congregation  whereto  he  belongs.  And  that  the  said  master 
will  provide  for,  and  allow  to  his  said  apprentice,  meat,  drink, 
cashing,  lodging,  and  apparel,  for  summer  and  In  winter,  on 
common,  and  on  holy  days,  and  all  other  necessaries,  in  sickness 
,md  in  health,  proper  ami  convenient  for  such  an  apprentice, 
during  the  time  of  his  apprenticeship  ;  and  at  the  expiration 
thereof,  shall  and  will  give  to  said  apprentice  a  good  bible,  and 
insert  such  other  things,  as  is  agreed  upon,  between  the  par- 
In  witness  whereof,  the  said  parties  have  hereunto  in- 
terchangeably sut  their  hands  and  seals,  the  day  of 
A.  D. 

Signed,  xeale d,  and  delivered,    >  J.          D.          (SEAL; 

in  presence  of  iif,  £  G.    .     F.          (SEAL') 

.rks  above  fur  in  improper  to  be  used  by  a  guardian,  who  hai, 
:L'M  property  of  his  ~xard  in  his  hands  to  indemnify  himfrojn 
'./s  covenants,  by -using-  ihe  word  Guardian,  inplace  of  Father,  and 
ward,  in  place  of  son. 

FOAM  OF  INDENTURE  BY  GUARDIAN,  WITHOUT 
PROPERTY. 

This  indenture  uuide  this          day  of         A.  D.  between 

D.  of  guardian  to  L.  M.  an  orphan  mi- 
nor, under  the  age  of  twenty  one  years,  of  the  one  part,  and 
G.  F.  of  the  other  part,  witnesseth,  that  the  said  guardi- 
an has  placed  and  bound  the  said  L.  M.  his  ward,  an 


JUSTICE  OF  THE  PEACE. 

Indenture.— I»y  Select- Men. 

apprentice  to  the  said  G.         F.         to  be  taught  the  art,  I 
mistery,  and  and  occupation  of  which  the  said  G. 

F.  now  uses,  and  to  live  with,  and  serve  him,  as  an  appren- 
tice, from  the  day  of  the  date  of  these  presents,  until  he  shall  In. 
of  the  age  of  twenty  one  years,  which  as  the  said  guardian  is 
informed,  and  believes  will  happen,- on  the  day  of 
A.  D.  if  the  said  L.  M.  so  long  lives.  And  the  said 
guardian  doth,  by  these  presents,  give  unto  him,  the  saidG. 

F.  all  the  authority,  powers,  and  rights,  over  the  said  L. 
M.          which  by  the  laws   of  this  state  a  master  hath  over  an  in 
denturod  apprentice,  for,  and  during  said  term    of  his  appren- 
ticeship.    And  the  said  G.  F.  in    consideration  of  <  iio 
foregoing,  doth  promise,  covenant,  and  agree  to,   and  with  the 
said  guardian,  and   ward,   each  by  himself,   respectively",   an*! 
jointly'',  (as  in  the  preceding  form  of  indenture,  wherein   a  sen  ..• 
bound  by  his  father.} 

FORM  OF  INDENTURE  BY  SELECTMEN,     7?/AY»- 
7,VG  OUT  A  POOR  BOY. 

This  indenture  made  this    •      clay  of          A.  D.  between 

A.  B.  C.         D.         and  E.         F.          Selectmen  of 

the  town  of  with  the  assent  of  J.     •    B.         Esquire,  the 

next  justice  of  the  peace  for  said    county,  of  the   one  part,    and 

G.  F.         of  the  other  part,  witnesseth,  thrtt  the  said  select- 
men have,  by,  and  with  the   assent  of  the  said  justice    B. 
placed  and  bound  out  L.         M.         a  poor  boy,  a  legal   inhabi- 
tant of  said  town,  and  who  is  exposed   to    want  and  distress,  an 
apprentice  to  the  haid  G.         F.         to  be  taught   the  art,   trade, 
misterv,  and  occupation  of  which  the  said  G. 

F.         now  uses,  and  to  live  with  him,  and  serve  him,  ns  an  ap- 
prentice, from  the   day   of  the   date   ofthese  presents,  until  the, 
said  apprentice  shall  arrive  to,  and  be  of  the   age  of  twenty   one 
years,  which  as  tne  said  selectmen  are    informed,  and  believe, 
will  happen  on  the         day  of         A.   D.         if  the   said  L. 
M.         so  long  lives.      And  the  said   selectmen  do  by  these  pre- 
sents, give  unto  him  the    said   G.         F.          all   the   authority 
power,  and  lights,  to,  and  over  the  said  L.  M  air.l    \-<- 


JUSTICE  OF  THE  PEACE. 


Indenture.  —  By  Selectmen. 


service  during  said  term,  which  by  the  laws  of  this  state  a  mas- 
ter hath,  to,  and  over  a  lawfully  indentured  apprentice,  tor  and 
during  the  time  of  his  apprenticeship.  And  the  said  G. 
F.  on  his  part,  in  consideration  thereof,  doth  promise,  cov- 
enant, and  agree,  to,  and  with  the  said  town  of  and  with  the 
said  poor  boy,  each  hy  itself  and  himself,  respectively,  (as 
•in  the  preceding  form  where  a  son  is  bound  by  his  father,} 

When  a  female  is  the  subjuct  of  indenture,  instead  (/twenty 
one  years  of  age,  say,  eighteen  years  of  age,  unless  a  shorter  term 
•?.s  agreed  upon  between  the  parties,  in  which  case,  whether  the  ap- 
prentice be  male,  or  female,  express  the  time  in  years,  and  months, 
or  to  any  j.-criod  of  age,  short  of  twenty  one  years,  or  if  a  female, 
short  of  eighteen. 

Form  -when  a  Boy  is  bound  out  til',  fourtc.cn  years  of  age,  ly 
Selectmen. 

This  indenture,  made  this  day  of  A.  D.         be- 

tween A.         B.         C.         D.          and  E.  F.  select- 

men of  the  town  of  in  county,  with  the  assent  of 

B.  Esquire,   the  next  justice  of  the  peace  for  said 

county,  of  the  one  part,  and  G.         F.         of  of  the  other 

part,  witnesseth,  that  the  said  selectmen,  with  the  assent  ofthesaid 
justice  B.  have  put,  placed,  and  bound  out  L.  M.  a 

poor  boy,  a  legal  inhabitant  of  said  town,  and  exposed  to  want 
and  distress,  a  servant  unto  the  said  G.  F.  to  live  with, 

and  serve  him,  the  said  G.  F.  from  the  day  of  the  date  of 
these  presents,  until  the  said  L.  M.  shall  come  to  be  oi 

the  age  of  fourteen  years,  which,  as  the  said  selectmen  are  in- 
formed, and  believe,  will  happen  on  the  day  of  A.  D. 

if  the  said  L.         M.  so  long  lives.     And  the  said  se- 

lectmen do,  by  these  presents,  give  to  the  said  G.         F.         all 
the  rights,  authority,  and  power,  to,  and  over  the  said  L. 
M.  during  said  term,   winch,  by  the   laws  of  this  State,  & 

master  hath,  to,  and  over  a  lawfully  indentured  servant,  lor, 
and  during  the  term  of  his  service,  as  aforesaid.  And  the  .'aid 
G.  F.  on  his  part,  in  consideration  of  the  foregoing,  and 
of  doth  pw  ,  ^venaritj'and  agreej  to,  and  with  the 


JUSTICE  0V  THE  PEACE.  229 

Indenture. — By  Selectmen. 

said  town  of  and  the  said  L.         M.         each  by  itself,  and 

himself,  respectively,  to  teach  and  instruct  the  said  L.      M. 
or  cause  him  to  be  taught  and  instructed  in  and  cause 

him  regularly  to  attend  a  school,  for  the  space  of  twenty  weeks, 
in  each  year,  at  the  least,  and  therein  to  be  taught  in  reading, 
writing,  spelling,  and  an  approved  catechism  ;  and  train  him  to 
habits  of  obedience,  subordination,  industry,  religion,  and  mo- 
rality, and  cause  him  regularly  to  attend  public  worship,  on  the 
Lord's  day,  and  on  days  of  public  fasting  and  thanksgiving  ; 
and  provide  for,  and  allow  to  him,  meat,  drink,  washing,  lodg- 
ing and  appsrel,  for  summer  and  winter,  on  common  and  on  holy 
days  ;  and  all  other  necessaries,  in  sickness  and  in  health,  pro- 
per for  such  a  boy,  during  the  time  of  bis  service,  as  aforesaid  ; 
and  at  the  expiration  thereof,  give  the  said  L.  M.  a  good 
bible,  and  (here  insert  any  other  article  that  shall  be  agreed  upon 
by  the  parties.} 

In  witness  whereof,  the  said  parties  have  hereunto  inter- 
changeably set  their  hands  and  seals,  this  day  of 
,\.  D. 

A. 

C. 

E. 

G. 

Signed,  sealed,  and  delivered, 
in  presence 


',  and  delivered,  \ 

tence  of  r 

R.        R,         f 

M.        M.        ) 


F.  county,  ss.  S. 

The         day  of  A.  D.         I,  J.          B.  Esquire, 

ihe  next  Justice  of  the  peace  for  said  county,  do  hereby  declare 
my  assent  to  the  foregoing  indenture. 

J.         B.         Justice  of  the  Peace. 

NOTE. — The  foregoing  forms  of  indentures,  are  according  to 
the  true  intent  of  the  laws  of  this  state,  on  the  subject  ;  and  if,  ip 
the  putting  out  of  poor  children,  by  selectmen,  it  becomes  neces- 
sary for  them  to  pay  to  the  master  any  sum  to  induce  him  to  en- 
ter into  the  covenants  expressed,  it  ought  to  be  done  as  well  for 
the  benefit  of  the  public,  as  for  the  child,  and  may  be  inserted* 
in  the  consideratiou,  before  the  word, promise. 


'•230  JUSTICE  OF  THE  PEACE. 


Forms  of  Orders,  Notes,  and  inland  Bills  of  Exchange. 


FORMS  OF  ORDERS,  .VOTES,  AND  BILLS  OF  EX- 
CHANGE. 

Form  of  an  Order. 

B—p—t,  May  \3th,  1316. 
SIR,  * 

Please  to  pay  to  J.         D.         seven  dollars  and  twentj- 
five  cents,  and  charge  the  same  to  me  ;  value  received. 

L.         L, 
To  Mr.  G.          F.-  N— t—n. 


Inland  Bill  of  Exchange. 
$100,00 

Sixty  days  after  sight,  pay  to  /.  D.  or  order,  on£ 

hundred  dollars  :  value  received. 

1.        L, 

B— p— t,  May  15th,  1816. 
Messrs.  B.          £f  S.          N..  Y. 

Negotiable  Note. 

$100,00 

Sixty  days  from  date,  I  promise  to  pay  to  G.  F.  ov 

order,  one  hundred  dollars  :  valae  received. 

J.         D. 
B—p—t,  May  14th,  1816. 

Note  at  Bank.  < 

$200,00 

Sixty  days  from  date,  I  promise  to  pay  to  G.  F.  or 

order,  at  the  B — p — tBank,  two  hundred  dollars  ;  value  receiv 
*d.  J>         P- 

B— p— t,  May  10th,  1816. 


JUSTICE  OF  THE  PEACE.  231 


Single  Bill — and  Penal  Hill  for  the  payment  <>i  money. —  H.  nd. 


A  SINGLE  BILL  FOR  THE  PAYMENT  OF  MONEY. 

Know  all  men  by  these  presents,  that  I,  A.          B.         of 
4-c.  do  owe,  and  am  indebted  to  C.          D.         of  &cc.  in 

the  sum  of  fifty   dollars,  current  money   of  the   United   States, 
which  I  promise  to  pay  unto  the  said  C.         D.  his  execu- 

tors, administrators,  or  assigns,  at,  or  upon  the  first  day  of  Octo- 
ber, next  ensuing  the   date  of  these  presents.     In  witness  where- 
of, I  have  hereunto  set  my  hand  and  seal,  the         day  of 
A.  D.  18  A.         B.         [SKAL.I 

A  Penal  Bill  for  the  Payment  of  Money. 
Know  all  men  by  these  presents,  that  I,  A.         B.         of 
in  the  county  of  do  owe  unto  C.  D.          of  in 

the  county  of  the   sum  of  one  hundred    dollars,   current 

money  of  the  United  States,  to  be  paid  unto  the  said  C.        D. 
his  execulors,  administrators,  or  assigns,  on,  &c.  next  ensuing  the 
date  hereof.     For  which  payment  well  and  truly   to  be  made,  F 
bind  myself,  my  heirs,  executors,  and  administrators,  to  the  said1 
C.         D.          his  executors,  administrators,   and  assigns,  in  the 
nenalty  of  two  hundred  dollars,  firmly  by  these  presents. 
In  witness.  &r. 

A.  B.  [SEAL.'J 

A  Bond  from   One  ptr^oa  to  One. 

Know  all  men  by  these  presents,  that  I,  A.  B.  or" 
in  the  county  of  am  held,  a:id  firmly  bound,  to  C.  D. 
of  in  the  county  01'  in  the  sum  of  one  hundred  doi 

lars,  current  money  of  the  United  States,  to  be  paid  to  the  sai<.' 
C.  D.  or  to  his  certain  attorney,  his  executors,  adminis- 
trators, or  assigns  ;  for  which  payment,  well  and  truly  to  be 
madej  I  bind  myself,  my  heirs,  executors,  and  administrators, 
firmly  by  these  presents.  Sealed  with  my  seal.  Dated  this 
day  of  and  in  the  year  of  cur  Lord,  one  thousand  eight 
hundred  and . 

'I  he  condition  of  this  obligation  is  such,  that  if  the  above 
boundenA.          JV.         his  heirs,  executors,   or  adminiatratorsf 


JUSTICE  OF  THE  PEACE. 


Bond  wherein  Two  persons  are  hound  to  One. — from  One  to,Two. 

do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  above  nam- 
ed C.  D.  his  executors,  administrators,  or  assigns,  the 
fuil  sum  of  fifty  dollars,  current  money  of  the  United  States,  on, 
or  before  the  fifth  day  of  January,  next  ensuing  the  date  hereof, 
then  this  obligation  shall  be  void  ;  otherwise  it  shall  remain  irt 
full  force  and  virtue.  A.  B. 

Signed,  sealed,  and  delivered) 
in  presence  of 


A  Bond  wherein  Two  Persons  are  bound  to  One. 
Know  all  men  by  these  presents,  that  we,  A.         B.         of 
in  the    county  of  and  C.  D.  of  in   the 

county  of  are  held,  and    firmly    bound,  to  E.         F. 

of  in  the  county  of  in  the  sum  of  two  hundred  dollar?* 
current  money  of  the  United  States,  to  be  paid  to  the  said  E, 
F.  or  his  certain  attorney,  executors,  administrators,  or  as- 
signs -,  for  which  payment,  to  be  well  and  truly  made,  we*  bind 
ourselves,  and  each  of  us  by  himself,  for,  and  in  the  whole,  and 
the  heirs,  executors,  and  administrators,  of  each  of  us,  jointly, 
and  severally,  firmly  by  these  presents.  Sealed  with  our  seals  ; 
dated  the  day  of  in  the  year,  &c.  The  condition  of  this 
obligation,  is  such,  that  if  the  above  bounden  A.  B.  .and 

C.  D.         or  either  of  them,  their,  or  either   of  their  heirs, 
executors,  or  administrators,  do,  and  shall  well    and  truly   pay, 
or  cause  to  be  paid,  unto  the   said  E.         F.         his  executors, 
administrators,  or  assigns,  the  sum  of  one  hundred  dollars,  current 
money  of  the  United  States,  with  interest  for  the  same,  after  the 
rate  of  six  per  cent,  per  ann.  on  the  day,  &tc.    which  will  be  in 
4he  year  of  our  Lord,  &c.  then,  &c.  or  else,  &c, 

A  Bondfrow  One  Person  to  Two. 

KTIOW  all  men  by  these  presents,  that  I,  A.  B.         of 

&.c.  am  held,  andfmulv  bound,  to  C.  D.  of  &E.C.  anfl 
E.  F.  of  &.C.  in  the  sum  of  five  hundred  dollars,  cur- 
rent money  of  the  United  States,  to  be  paid  to  the  said  C. 

D.  and  E.         F.         or  one  of  theca,   or  to  their  certain  a{- 
tnrnevs,  executors,  administrators,  or  assigns.      For  which  pay- 


JUSTICE  OF  THE  PEACE. 


Conditions  of  Bond?. 


inent,  well  and  truly  to  Le  inadu,  I  hind  myself,  my  heirs,  exec- 
utors, and  administrators,  firmly  l>y  these  presents.  Sealed 
ivitli  my  seal,  &c. 

The  condition  of  this  obligation  ia  such,  that  if  the  above  bound 
A.  B.  his  heirs,  executors,  or  administrators,  do,  and 
shall,  vvell  and  truly  pay,  or  cause  to  be  paid,  unto  the  above 
named  C.  D.  and  E.  F.  or  either  of  them,  their,  or 
either  of  their  executors,-administrators,  or  assigns,  the  full  siim 
of,  &c.  at  and  upon,  &c.  then,  &.c.  or  else,  &c. 

CONDITIONS  OF  BONDS. 

Condition  of  a  Bond  to  pay  Money  at  several  Days. 
The  condition  of  this  obligation  is  such,  that  it  the  aboVe 
bound  A.  B.  his  heirs,  executors,  or  administrators,  do, 
and  shall,  well  and  truly  pay,  or  cause  to  be  paid",  unto  the  above 
named  C.  D.  his  executors,  administrators,  or  assigns, 
the  full  sum  of  one  hundred  and  fifty  dollars,  current  money  of 
the  United  States, Jn  the  manner  following,  viz.  The  sum  of 
nfty  dollars,  part  thereof,  on  the  twentieth  (lay  of  December,  ftesl 
ensuing  the  date  above  written  ;  fifty  dollars  more  thereof,  on  the 
twentieth  day  of  March,  then  next  following  ;  and  fifty  dollars 
more,  the  residue,  and  in  full  payment  thereof,  on  the  twenti- 
eth day  of  June  ;  which  will  be  in  the  year  of  our  Lord  one 
thousand  eight  hundred,  &cc.  then  this  obligation  to  be  void. 
But  if  default  shall  be  made  of,  or,  in  payment  of  any  of  the  said 
several  and  respective  sums  of  money,  above  mentioned,  or  any 
part  thereof,  on  any  of  the  said  several  and  respective  days, 
above  limited  for  the  payment  of  the  same,  then  this  obligation 
to  remain  in  full  force. 

If  a  condition   be    to  pay  a  sum  of  money  at  a  place  certain, 
say,  if  the  above  bound  A.          B.          his,  &c.  do  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the  above  named  C.         D. 
his,  &cc.  the  full  sum  of,  &.c.  on,  Sic.  at,  or  in  the  now   dwelling 
house  of  the  said  f.         D.          situate,  &c.  then,  &r 


JUSTICE  OF  THE  PEACE. 

Conditions  of  Bonds. 


-3  Condition  nf 'a  Bond  for  the  payment  of  Money  Quarterly. 

The  condition  of  this  obligation  is  such,  that  if  the  above 
bound  A.  B.  his  heirs,  executors,  or  administrators,  do- 
well  and  truly  pay,  or  cause  to  be  paid,  unto  the  above  named 
C.  D.  his  executors,  administrators,  or  assigns,  the  full 
sum  of  one  hundred  dollars,  current  money  of  the  United  States, 
in  the  manner  following,  (that  is  to  say)  the  sum  often  dollars 
{hereof,  on  the  twenty-fifth  day  of  Septe'mber,  next  ensuing  the 
date  of  the  obligation  above  written  ;  the  sum  often  dollars  more 
thereof,  on  the  twenty-fifth  day  of  December,  then  next  ensu- 
ing ;  the  sum  of  ten  dollars  more  thereof,  on  the  twenty-fifth  day 
of  March,  which  will  be  in  the  year  of  our  Lord,  &c. ;  the  sum  of 
ten  dollars  more  thereof,  on,  &c.  then-  next  ensuing  ;  and  so 
quarterly,  evt-ry  quarter  of  a  year,  one  uext,  and  immediately 
ensuing  another,  on  every  of  the  quarter  days  aforesaid,  the  sum 
of  ten  dollars  ;  until  the  said  sum  of  one  hundred  dollars  shall 
be  in  such  manner  fully  satisfied,  contented,  and  paid  ;  that 
then,  &.c.  But  if  default  shall  be  made  of,  or  in  payment  of  the 
said  sum  of  one  hundred  dollars,  or  any  part  thereof,  in  mauner 
aforesaid.  Then,  &c.  ' 

A  Condition  of  a  Counter  Bond,  or  Bond  of  Indemnity,  wherr. 

one  man  is  bound Jor  another.- 

The  condition  of  this  bond  is  such,  that  whereas  the  above 
named  A.  B.  at  the  request,  and  for  the  only  proper 

debt  and  duty  of  the  above  bound  C.  D.       •    with  him  the 

said  C.  I).  is  in  and  by  one  bond  and  obligation,  bear- 
ing equal  date  with  the  obligation  above  written,  held  and  firmly 
bound  unto  E.  F.  of  &c.  in  the  penal  sum  of  five 

hundred  dollars,  current  money  of  the  United  States,  condition- 
ed, for  the  payment  of  two  hundred  and  fifty  dollars,  with  legai 
interest  on  the  same,  on,  £,c.  next  ensuing  the  day  of  the  date 
of  the  said  recited  obligation,  as  in  and  by  the  said  obligation 
and  condition  thereof,  may  more  fully  and  at  large  appear.  If 
therefore  the  said  C.  D.  his  heirs,  executors,  or  admin- 
istrators, do,  and  shall  well  and  truly  pay,  or  cause  to  be  paid, 
unto  the  said  E.  F.  his  executors,  administrators,  or  as 
signs,  the  said  sum  of  two  hundred  and  fifty  dollars,  with  legal 


JUSTICE  OF  THE  PEACE.  235 

Conditions  of  Bonds. 

interest  on  said  day,  &c.  next  ensuing  the  date  of  said  recited 
obligation,  according  to  the  true  intent  and  meaning,  and  io  full 
discharge  and  satisfaction  of  the  said  recited  obligation  ;  then. 
&c.  or  else,  &ic. 

A  Counter  Condition,  where  one  man  is  bail  for  another. 

Whereas  the  above  named  A.  B.  at  the  special  instance 
and  request  of  the  above  bound  C.  D.  together  with  the 
said  C.  1)  and  E.  F.  is  bound  to  G.  H. 
Esquire,  sheriff  of  the  county  of,  &c.  in  the  penal  sum  of,  &.C.. 
conditioned  for  the  appearance  of  the  said  C.  D.  before 
the  Court,  &c.  on,  &.c.  next,  to  answer  I.  J.  in  a 

plea  of  debt  of  fifty  dollars,  (or  in  a  plea  of,  4%c.)  as  by  the  obli- 
gation and  condition  thereof,  may  appear.  Now  the  condition 
of  this  obligation  is  such,  that,  if  the  said  C.  D.  shall  appear, 
according  to  the  condition  of  the  said  bond,  and  as  the  law  in  such 
"•ases  requires  ;  and  if  he  the  said  C.  D.  his  heirs,  executors, 
or  administrator?,  shall  also  from  time  to  time,  and  at  all  times 
hereafter,  save  harmless,  and  indemnify  him  the  said  A.  B. 
his  executors,  and  administrators,  and  his  and  their  goods  and 
chattels,  of,  and  from  all  Damages,  sums  of  money,  costs,  and 
charges,  which  he,  or  they,  or  any  of  them,  shall,  or  may,  at 
any  time  or  times,  hereafter  sustain,  and  be  put  unto  by  reason 
of  his,  the  said  A.  B.'s  being  bound  for  the  appearance 

of  the  said  C.          D.          as  aforesaid.     Then,  tyc.  or  else.  &cr, 

Or  the  condition  may  be  thus  :   If,  therefore,  the  said  C. 
D.         shall  appear  before  the  said  court,  &cc.  at,  &.c.  on  the  day 
aforesaid,  to  answer  the  said  I.         J.         in  the  plea  aforesaid, 
in  the  discharge  of  the  said  obligation,  &tc.     Then,  &c. 

J   Condition  to  perform  Covenants  in  a  Deed. 
The  condition   of  this    obligation  is  such,  that  if  the  above- 
bound  A.         B.         his  heirs,  executors,  and  administrators,  and 
every  of  them  do,  and  shall  in  all  things,  well  and  truly  observe, 
perform,  fulfil,  accomplish,  pay,  and  keep,  all  and   singular  the 
covenants,  grants,  articles,  clauses,  provisoes,  payments,  condi- 
tions and  agreements,  which  on  the  part  and  behalf  of  the 
A.  B.  his  heirs,  executors,  and  administrator-3,  arc. 


230  JUSTICE  OF  THE  PEACE. 

Conditions  of  i.onds. 

or  ought  to  be  observed,  performed,  fulfilled,  accomplished, 
paid,  and  kept,  comprised  or  mentioned  in  certain  indentures, 
bearing  even  date  with  the  above  written  obligation,  made,  or 
mentioned  to  be  made,  between  the  said  A.  B.  of 

the  one  part,  and   the   above  named  C.  D.  of  the 

other  part,  (or  in  one  pair  of  indentures  of  lease,  made  between, 
kc.)  according  to  the  true  intent  and  meaning  of  the  same  inden-. 
Hires  :  Then.  &c.  or  else,  &.c. 

-•1  Condition  to  pay  a  sum  of  Money  on  tltc  day  of  Marriage, 
or  Death  of  the  Obligor. 

The  condition  of  this  obligation  is  such,  that  it  the  above 
bound  H.  I.  his  htirs,  executors,  administrators,  or 

assigns,  do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the 
above  named  C.  E.  his  executors,  administrators,  or 

assigns,  the  sum  of  firty  dollars,  current  money  of  the  United 
States,  within  three  months  next  after  the  death,  or  the  solemniza- 
tion of  the  marriage  of  the  said  H.  I.  whiV.iofthem 
-hall  first  happen  after  the  date  of  the  above  written  obligation  ; 
then  &.c.  or  else  &fc. 

N.  B.     Sometimes  things  are  sold  on  condition   of  payment  of 
-o  much  money  on  the  day  of  marriage,  &,c.  and  then  you    must 
recite.     Whereas  the  above  named  C.         E.         hath  sold  unto 
the  above  bound  H.         I.         one  horse,  &c.  for  the  sum  of,  &.c. 
to  be  paid  to  him,  the  said  C.         E.         his  executors,  &c.  at, 
or  upon  the  day  of  marriage,  or  hour  of  death  of  the  said  H. 
I.         which  shall  first  happen.     If,  therefore,  the  said  H. 
I.         &c.  (as  above.") 

.1  Condition  for  paying  money  at  the  Expiration  of  an  Jlppreif 

ticeship,  or  OH  Marriage  . 

Whereas  the  above  bound  W.  L.  by  indenture  of  ap- 
prenticeship, bearing  date,  Sac.  is  bound  an  apprentice  unlo,  &.c. 
•vilh  him  to  dwell  and  serve  as  his  apprentice,  from,  |»r.c.  unto  the 
full  end  and  term  of,  &c.  from  thence  next  ensuing,  and  fully  to, 
oe  complete  and  ended,  as  by  the  same  indenture  of  apprentice- 
ship, more  at  large  appears.  And  whereas  the  above  named 


JUSTICE  OF  THE  PEACE,  237 

Conditions  of  Bonds. 

C.  E.  hath,  before  the  day  of  the  date  hereof,  at  several 
times  lent  to  and  paid  for  the  said  W.  L.  several  suras  of 
money,  for  which  the  said  C.  E.  is  content  to  take  his 
bond,  payable  at  the  expiration  of  the  apprenticeship  of  the  said 
W.  L.  as  aforesaid,  or  the  day  of  marriage  of  the  said 
W.  L.  which  shall  first  happen.  If,  therefore,  the  said 
W.  L.  his  h* irs,  executors,  or  administrators,  or  any  of 
them,  do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said 
C.  E.  his  executors,  administralors,  or  assigns,  the  full 
sum  of.  &.c.  at  the  end  and  expiration  of  th«  said  apprenticeship 
of  the  said  W.  L.  above  mentioned,  or  at  the  day  of  the 
marriage  of  him  the  said  W.  L.  which  of  them  shall  first 
and  next  happen,  after  the  date  of  the  above  written  obligation. 
Then&cc.  or  else,  kr. 

A  Condition  to  Marry  a  Woman  at  a  day  limitted,  or  Pay  a 
sum  of  Money. 

The  condition  of  this  obligation  is  such,  that  if  the  above 
bound  A.  B.  do,  on  or  before,  ffc.  espouse  and  marry 
E.  D.  daughter  of,  fyc.  if  the  said  E.  D. 
will  thereunto  assent,  and  thelawrs  of  this  state  permit  the  same 
Or  if  it  shall  happen  that  the  said  A.  B.  shall  not  marry, 
and  take  to  wife  the  said  E.  D.  as  aforesaid  ;  if,  then, 
he  the  said  A.  B.  do,  and  shall  well  and  truly  pay,  or  causf 
to  be  paid,  unto  the  said  T.  D.  her  executors,  admins- 
istrators,  or  assigns,  (or  to  the  above  named  E.  D.  for 
her  use,  &c.)  the  full  sum  of  five  hundred  dollars,  current  money 
of  the  United  States,,  in  and  upon  the  day  of,  &.c.  next  ensuing 
the  said  day,  &c.  above  mentioned,  and  limited,  for  the  said 
marriage.  Then,  <$-c.  or  else,  #c. 

A  Condition  for  the  Redemption  of  a  thing  Pawned. 
Whereas  the  above  named  A.         B.         hath  received  of  the. 
above  bound  C.  D.          one    diamond   necklace,  a  suit   o! 

cloaths,  watch,  &c.  by  agreement  to  be  kept  by  the  said  A. 
B.         n?  a  security  for  the         sum  of,   &.c.  by    him    the   said 
A.         B.         advanced  and  lent  to  the>    said    C.          D-         un- 
Jil, redemption  thereof.  &r.  / 


238  JUSTICE  OF  THE  PEACE. 

Conditions  of  Bond*. 

Now  the  cendition  of  this   obligation  is   such,  that  if  the  said 

C.  D.         his  executors,  or  administrators,  do  well  and  truly 
pay,  or  cause  to  be  paid,  unto  the   said  A.         B.         his  heirs, 
executors,  or  assigns,  the  full  sum  of,  &.c.     for  the  redeeming  of 
said   necklace,    goods,    &c.  in,  and   upon,    &tc.  next    ensuing 
the  date  above  written.     Or  on  default  of  such   payment   of  the 
said  sum  of,  fcc.  at  the  time  above  limited,  if  the  said  C. 

D.  his  executors,  and  administrators,  do,  and  shall  permit  and 
suffer  the  said  A.        B.         his  executors,  and  administrated,  to 
hold  and  enjoy  to  his  and  their  own  proper  use  and    uses,    the 
said  goods,  &fc.  for  the  debt  aforesaid  ;  then,  &c. 

A  Condition  to  indemnify  a  Town  against,  a  Bastard  child. 

Whereas  E.  B.  &cc.  hath  sworn  before,  &c.  one  of  the 
justices  of  the  peace  for  the  county  of,  &c.  aforesaid,  that  she  is 
pregnant  with  a  bastard  child  ;  and  that  the  above  bound  C. 

E.  is  the  father  of  such    child,  which  when  born  is  likely  to 
become  chargeable  to  the  town  of,  kc.  aforesaid.   - 

Now  the  condition  of  this  obligation  is  such,  that  if  the  above 
bound  C.  E.  and  the  said  E.  F.  and  G. 
H.  their,  or  either,  or  any  of  their,  heirs,  executor?,  or  ad-  i 
ministrators,  do  and  shall,  from  time  to  time,  and  at  all  times 
hereafter,  fully  and  clearly  acquit  and  discharge,  or  well  and 
sufficiently  save  and  keep  harmless  and  indemnified  the  overseers 
of  the  poor  (or  the  selectmen )  of  the  said  town  of,  &c.  as  also 
all  the  inhabitants  of  the  said  town  of,  &.c.  which  now  are,  or 
hereafter  shall  be  for  the'  time  being  ;  and  every  of  them,  of,  and 
from  all  manner  of  expences,  damages,  costs,  and  charges,  what- 
soever, which  shall  or  may  at  any  time  hereafter,  arise,  happen, 
grow,  or  be  imposed  upon  them,  or  cither,  or  any  of  them,  for, 
or  by  reason  or  means  of  the  said  E.  B.  's  being  preg- 
nant with  child  as  aforesaid  ;  or  for,  or  by  reason  of  the  birth 
maintenance,  education,  and  bringing  up  of  such  child,  or  chil- 
dren of  which  she  the  said  E.  is  now  pregnant, 
and  shall  be  delivered  of  ;  and  of,  and  from  all  other  actions, 
suits,  troubles,  charges,  damages,  and  demands,  whatsoever, 
touching  and  concerning  the  same  :  then,  6tc.  or  else,  &wc. 


J17STICE  OF  THE  PEACE.  239 

Conditions  of  Uouds. 

.4  Condition  to  keep  a  person  during  life  ;  and  also  to  indemnify 

the  Town. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above 
bound  P.         H.         for,  and  in  consideration    of  a  competent 
sum  of  money,  to  him  in  hand  paid,  by  the  above  named  W. 
M.         hath  agreed  and  undertaken,  to  keep  and  maintain  J. 
R.  of,  &.c.  during  his  natural  life.     If,  therefore,  the  said 

P.  H.  his  executors,  and  administrators,  shall  from  time 
to  time,  and  at  all  times,  hereafter,  during  the  natural  life  of  the 
said  J.  R.  well  and  sufficiently  maintain  and  keep,  or 

cause  to  be  well  and  sufficiently  maintained  and  kept,  the  said 
J.  R.  in  the  house  of,  4'C.  with  meat,  and  all  other  things 
necessary,  and  convenient  ;  and  of,  and  from  the  maintaining 
and  keeping  of  the  said  J.  R.  shall  from  time  to  time 

discharge  the  said  W.  M.  •  his  executors,  and  administra- 
tors ;  and  also  the  inhabitants  of  the  town  of,  &c.  aforesaid  ; 
then,  4-c. 

.2  Condition  for  paying  an  Annuity  during  life. 
The  condition  of  this  obligation   is    such,   that  if  the  above 
jound  C.  D.  his   heirs,   executors,   administrators, 

or  assigns,  do,  and  shall  yearly,  and  every  year,  during  the  natu- 
ral life  of  the  said  E.  F.  well  and  truly  pay,  or  cause  to 
be  paid,  unto  the  above  named  E.  F.  hi*,  &.c.  one  annuity, 
or  yearly  sum  of,  &cc.  at,  or  upon  the  first  days  of  June,  Septem- 
ber, December,  and  March,  in  each  year,  by  even  and  equal 
parts  and  portions.  The  first  payment  thereof  to  begin  and  be 
made  on  the  first  day  of,  &x,  next  ensuing,  then  this  obliga- 
tion to  be  void.  But  if  default  shall  be  made,  of,'or  in  the  pay- 
ment of  the  said  annuity,  or  yearly  sum  of,  &c.  on  any  ot 
the  said  iirst  days,  on  which  the  same  ought  to  be  paid,  then,  &c. 
or  else,  &c. 

Ji  Condition  for  the  Faithful  Service  of  an  Apprentice. 

The  condition  of  this  obligation  is  such,  that  whereas  A, 

son  of  the  above  bound  J.  B.  by  indenture, 

bearing  equal  date  with  the  above   written  obligation,  is  bound 


340  JUSTICE  OF  THE  PEACE. 


Conditions  of  Bonds. 


an  apprentice  to  the  above   named  C.  D.  with  him  to 

serve,  from,  &.c.  unto  the  full  end  and  term  of  seven  years, 
from  thence  next  ensuing,  and  fully  to  be  completed  and  ended 
a.s  by  the  said  indenture  of  apprenticeship  may  more  fully  ;ip-' 
pear.  If,  therefore,  the  said  A.  B.  do,  or  shall,  at  any 

time  hereafter,  during  the  said  term  of  seven  years,  embezxle, 
spend,  or  make  away,  or  otherwise  misapply,  or  lend  upon 
trust,  without  ready  money,  to  any  person  or  persons  whatso- 
ever, without  the  consent  of  the  said  C.  D.  any  of 
the  goods,  wares,  money,  or  merchandize,  of  the  said  C. 
D.  his  executors,  Administrators,  or  assigns,  then  if  (he- 
above  bound  J.  B.  his  executors,  or  administrators, 
or  any  of  them,  do,  and  shall,  within  one  month  next  after  request 
made,  and  notice  given,  fro>7i  time  to  time,  during  the  said  term, 
well  and  truly  pay,  or  cause  to  be  paid,  to  the  said  C. 
D.  his  executors,  or  assigns,  the  full  sum  and  value  of  all 
such  goods,  wares,  money,  or  merchandize,  as  it  shall  appear 
upon  lawful  proof  the  said  A.  B.  shall  have  so 
spent,  embezzled,  wasted,  misemployed,  or  lent  without  con- 
sent, as  aforesaid,  to  the  damage  of  the  said  C.  D. 
•  !!?  executors  or  assigns  :  then,  &c. 

r  conveying  ia.-iutto  a  purchaser,  and  for  execu- 
ting an  assignment,  be. 

The  condition  <•>?"  this  obligation  is  such,  that  if. the  above 
bound  M.  L.  do,  and  shall,  upon  reasonable  reque.it  to 
liim  made,  oTi'l  upon  payment  of  the  sum  of,  «$*C.  by  the  above 
named  W.  H.  his  heirs,  or  assigns,  on  or  before,  &.c. 
next  ensuing  the  date  above  written,  convey  and  assure,  or  cause 
to  be  conveyed  and  assured,  unto  the  said  W.  H.  Ins, 

id  assigns,  or  to  such  other  person,  or  persons,  and  his 
and  Lhcir  heirs,  as  the  said  W.  H.  shall  nominate,  limit, 
am!  appoint,  nnd  to  such  uses  as  he  shall  direct,  all  that  messuage 
-;r  icnorv.fMit,  &.C.  situate,  4'C.  and  all  those  pieces  or  parcels  of 
land,  &c.  now  ia  the  possession  of,  &.c.  by  such  Conveyances 
jtid  assurances  in  the  law,  as  by  the  said  W.  H.  his 
hfir.-.  ;>nd  assign?,  or  !.•!«.  or  their,  counsel,  learned,  in  the  law. 


JUSTICE  OF  THE  PEACE.  341 

Conditions  of  Bonds. 

should  be  reasonably  devised,  or  advised,  and  required,  freed,  and 
discharged,  of,  and  from  all  incmnbrances  whatsoever,  (except, 
<^c.)  then,  4*c.  or  else,  4*c. 

(If  it  be  to  make  an  assignment  of  lands,  say,  seal  and  execute 
a  good  and  sufficient  assignment  in  the  law,  of  all  such  estate, 
and  interest,  as  he  the  said  M.  L.  now  hath,  of,  and  in 
one  messuage,  or  tenement,  <H.  situate,  4'C.  unto  the  above  nam- 
ed W.  H.  or  some  other  person  or  persons,  in  trust  for 
him,  &c.  Or  seal  and  execute,  a  lease,  for  the  term  of,  &«. 
Then,  4-c.) 

Jl  Condition  to  make,  a  Jointure  to  a  Wife. 

Whereas  a  marriage  is  intended  to  be  had  and  solemnized  be- 
tween the  above  bound  M.  L.  and  M.  H.  daugh- 
ter of  the  above  named  W.  II.  with  whom  the  said  M. 
L.  is  to  receive  a  considerable  marriage  portion.  Now,  hi 
consideration  thereof,  in  case  the  said  marriage  shall  take  effect, 
if  the  said  M.  L.  his  heirs,  or  assigns,  shall,  within  one 
year  next  after  the  said  maniage  so  had,  or  at  the  day  of  his 
death,  which  of  them  shall  first  happen,  settle,  convey,  and  as- 
sure, or  cause  to  be  settled,  conveyed,  and  assured,,  to,  and  up- 
on the  said  M.  H.  or  some  other  person  or  persons,  to 
her  use,  lands  and  tenements,  of  a  good,  perfect,  and  indefeasi- 
ble estate,  in  fee  simple,  of  the  clear  yearly  value  of,  4'C.  to  the 
only  use  of  the  said  M.  H.  and  her  assigns,  during  the 
term  of  her  natural  life,  as,  and  for  her  jointure.  And  if  the 
lands,  tenements,  and  heriditaments,  so  to  be  conveyed,  settled, 
and  assured,  shall  at  the  time  of  the  conveying,  settling,  and 
assuring  thereof,  be,  and  from  time  to  time,  during  the  life  of 
the  said  M.  H.  remain  free  and  clear,  of,  and  from  all 
manner  of  charges  aqd  incurnbrances  whatsoever  ;  then,  &c. 

A  Condition  of  a  Bond  in  consideration  of  Marriage,  to  Trus- 
tees, for  the  benefit  of,  and  as  a  provision  for  the  Wife  and, 
Children. 

The  condition  of  this  obligation  is  such,   that  whereas  a  mar» 
riage  is  shortly   to  be  had  arid  solemnized   between   the    above 
31 


JUSTICE  Of  THE  PEACE. 


bound  A.         B.          and  E.          D.  daughter  of  the  above- 

named  C.  D.  with  whom  the  said  A.  B.  is  to  re- 
ceive the  sum  of  six  thousand  dollars  in  money,  or  the  value 
thereof,  in  goods  and  effects  ;  and  in  consideration  of  the  said 
marriage,  and  marriage  portion,  he  the  said  A.  B.  hath 

agreed  to  leave  unto  the  said  E.  D.  and  her  children,  to 
be  by  him  begotten,  the  sum  of  six  thousand  dollars,  to  be  paid  and 
applied  in  manner  hereafter  mentioned,  limited,  and  appointed. 
If,  therefore,  the  said  marriage  shall  take  effect,  and  the  said 
\.  B.  shall  dit  in  the  lifetime  of  the  said  E. 

D.  then    if  his   heirs,  executors,  cr  administrators,  shall, 
within  six  months  next  after  his  death,  pay,  or  cause  to  be  paid, 
hito  the  hands  of  the  above  named  C.  D.  E. 

F.  &c.  the  sum  of  six  thousand  dollars,  to  be  by  them  ap- 

plied upon  the  trusts,  and  for  the  ends  and  purposes  following, 
(that  is  to  say,)  That  in  case  the  said  A.  B.  shall 

leave  any  child  or  children,  of  his  body,  on  the  body  of  the  said 

E.  D.     begotten,  which  shall  live  to  be  married,  or  attain  the 
age  of  twenty   one  years,   respectively,   the  said  trustees,  and 
the  survivors  and  survivor  of  them,  shall,  and  ought  to  pay  the 
said  sum  of  six  thousand  dollars  to  the  said  E.    D,    and  such  child, 
or  children,  equally  between  them,  share  and  share,  alike,   (or' 
three    thousand   dollars  thereof  to  the  said  E.     D.     and  three 
thousand  dollars  thereof  to  the  children,)  and  in  the  mean  time, 
until  such  child  or  children  shall  be  married,  or  attain   the  age 
of  twenty  one  years,    respectively,  the  said  trustees  shall,  and 
ought  to  pay  the  interest  of  the  said  six  thousand  dollars,  to  the 
said  E.     D.     towards  the  support  and  maintenance  of  the  said 
E.     D.     and  such  child,  or  children.     And  in  case   the  said 
A.  B.  shall  leave  no  issue  of  his  body,   on  the  body 
of  the  said  E.     D.     begotten  ;  or,  leaving  issue,  and  such  issue 
.shall  die,  before  their  marriage,  or  age  of  twenty  one  years,  then 
the  said  whole  sum  of  six  thousand  dollars,  shall,  and  ought  to  be 
paid  to  the  said  E.     D.     her  executor?,  or  administrators :  that 
then,  Sac.  or  ehe,  &c. 


JUSTICE  OF  THE  PEACE.  243 

Conditions  of  Bonds, 

A  Condition  for  maintaining  a  wife  upon  a  separation. 

Whereas  several  differences  have  arisen  between  the  above 
bound  A.  B.  and  M.  B.  his  wife,  whereupon  the 
said  M.  B.  hath  for  the  space  of,  &tc.  years  last  past,  liv- 
ed separate,  and  apart  from  the  said  A.  B.  and  he  hath 
not  hitherto  given  or  made  any  allowance  for  her  maintenance  j 
and  whereas  the  said  A.  B.  hath  now  agreed  to  pay,  to- 
wards the  maintenance  of  the  said  M.  B.  the  weekly 
sum  of,  &tc.  which  she  the  said  M.  B.  is  contented  to 
take  and  accept,  in  full  satisfaction  of  what  she  can  or  may  claim, 
or  demand  of  him  the  said  A.  B.  for  maintenance,  as 
aforesaid.  Now  the  condition  of  this  obligation  is  such,  that  if 
the  said  A.  B.  do,  and  shall,  pay,  or  cause  to  be  paid, 
unto  the  said  M.  B.  on  Saturday  in  every  week  during 
the  life  of  him,  the  said  A.  B.  the  sum  of,  £cc.  current 
money  of  the  United  States,  without  any  fraud  or  de.lay,  ac- 
cording to  the  intent  and  purport  of  the  agreement  above  men- 
tioned ;  then,  &c. 

A  Condition  of  an  Arbitration  ilond  with  Umpiragt. 

The  condition  of  this  obligation  is  such,  that  if  the  abovt 
bound  C.  D.  his  heirs,  executors,  and  administrators, 

and  every  of  them,  do,  and  shall,  for  his  and  their  parts,  and 
behalfs,  in  all  things  well  and  truly  stand  to,  obey,  observe, 
perform,  fulfil,  and  keep  the  award,  arbitrament,  order,  an  j  de- 
termination, of  E.  F.  of,  <£*c.  and  G.  Jf.  0;  ,c,c 
arbitrators,  indifferently  chosen,  as  well  on  the  part  of  the  said 
A.  B.  as  on  the  part  and  behalf  of  C.  D.  lo  ar- 
bitrate, award,  judge  of,  determine,  and  agree,  for,  upon,  and 
touching  and  concerning  all  and  all  manner  of  action  and  actions, 
cause  and  causes  of  action  and  actions,  debts,  accounts,  differ- 
ences, quarrels,  disputes,  reckonings,  agreements,  and  all  dues 
and  demands,  whatsoever,  both  in  law  and  equity,  or  otherwise 
howsoever,  which  between  theiy  the  said  A.  B.  ;;nd  C 
D.  or  either  of  them,  at  any  time  heretofore  have  bcvri,  or 
at  the  time  of  the  fcealin-;  hereof  are  had,  moved,  stirred  up  or 
jn  anywise  depending,  so  always  as  the  said  award,  arlitrai-'ent 


211  JUSTICE  OF  THE  PEACE. 

Conditions  of  Bonds. 

judgment,  final  end,  and  determination  of  all  the  matters  and 
things  aforesaid,  between  the  said  parties,  be  made  in  writing 
under  the  hands  of  the  said  arbitrators,  ready  to  be  delivered  to 
the  said  parties,  at,  or  in,  «^c.  next  ensuing  the  date  of  the  above 
written  obligation  ;  then,  #c. 

The  Umpirage. 

And  if  the  said  arbitrators  shall  not  make  and  draw  up  the 
taid  award,  in  writing,  as  aforesaid,  on  or  before,  4*c.  and  the 
^ame  deliver  to  the  said  parties,  as  aforesaid  :  if  then  the  said 
A.  B.  his  executors,  and  administrators,  and  every  of 

them,  do,  and  shall  stand  to,  abide,  observe,  perform,  and  keep, 
the  umpirage,  award,  final  end,  judgment,  and  determination,  of 
L.  M.  of,  4»c.  Umpire,  indifferently  elected  between 

the  said  parties,  for  ending  and  compi  sing  all  the  differences 
aforesaid,  so  as  the  umpire  do  make  and  draw  up  his  said  award, 
umpirage,  and  determination,  in  writing,  under  his  hand  and  seal, 
ready  to  be  delivered  to  the  parties,  on  or  before,  4'C.  Then, 
&c.  or  else,  «£-c. 

To  be  added  (after  the  words  then,  <$-c)  n'Jten  to  be  made  a 
rule  of  court. 

And  it  is  hereby  agreed,  by  and  between  the  said  parties, 
that  these  presents,  and  the  submission  hereby  made  of  the  said 
matters  in  controversy,  shall  be  made  a  rule  of  the  court  of 
to  the  end  the  said  parties  in  difference  shall  be  finally  conclud- 
ed by  the  said  arbitration  by  these  presents  intended,  pursuant 
to  the  statute,  in  that  case  made  and  provided. 

The  Condition  of  a  Bottomry   Bond. 

The  condition  of  the  above  obligation  is  such,  that  if  the  ship 
called  the  Trumbul!,  of  whereof  the  above  bounden  M. 

M.  is  master,  do,  and  shall  proceed  and  sail  from  and  out 
of  on  a  voyage  to  from  thence  to  and  to  such 

other  ports  or  places  as  the  said  M.          M.  shall  think  fit, 

and  so  return  back   to  or  other  her  delivering  port,  in 

America,  to  end  her  voyage,  by  or  before  the  expiration  of  eigh- 
teen calender  months,  to  be  accounted  from  the  day  of  the  date 


JUSTICE  OF  THE  PEACE.  245 

Conditions  of  Bonds. 

of  the  above  obligation,  and  if  the  said  M.  M.  his  heirs, 
executors,  or  administrators,  do  pay,  or  cause  to  be  paid,  unto 
the  above  named  W.  H.  his  executors,  administrators, 

and  assigns,  the  full  sum  of  fifty  dollars,  current  money  of  the 
United  States,  within  thirty  days  after  the  first  and  next  return 
of  the  said  ship  at  or  other  her  delivering  port,  in  Ameri- 

ca, from  the  said  voyage,  at  the  expiration  of  the  said  eighteen 
months,  which  shall  first  happen,  together  with  the  sum  of 
of  like  money,  per  month,  for  so  many  months  as  shall  be  elaps- 
ed and  run  sut  of  the  said  eighteen  months,  over  and  above 
twelve  months,  and  pro  rata,  for  a  less  time  than  a  month  :  or  if 
in  the  said  voyage,  and  within  the  said  eighteen  calender 
months,  the  said  ship  should  be  lost,  the  said  M.  M. 

then  being  master  of  the  said  ship,  then  the  above  obliga- 
tion to  be  void  and  of  no  effect,  or  else  to  remain  in  full  force 
and  virtue. 

Signed,  and  delivered,  in  the 
presence  of 

Condition  of  a  Bond  from  two  persons,  impotvered   by  letter  of 
Attorney  of  a  Tradesman,  to  get  in  his  estate  and  pay  duly  to 
him. 

Whereas  the  above  named  A.         A.         by  his  deed,  poll,  or 
writing,  under  his   hand   and  seal,  bearing  even  date  herewith, 
hath  constituted  and  appointed  the  above  bounden  B.         B. 
and  C.         C.         his  attorney,  and  attorneys,  jointly,  and  sev- 
erally, for  him   the  said  A.         A.         and  in  his  name,  and  to 
his  use,  to  ask,  demand,  sue  for,  recover,  and  receive,  all  such 
sum  and  sums  of  money,  debts,  and  demands,  which  now  are,  or 
at  next  ensuing,   shall  be    due  and  owing  to  him  the  said 

A.  A.  or  his  estate,  from  any  person  or  persons,  or  cus- 
tomers, of  him,  the  said  A.  A.  in  the  way  of  his  iate 
trade  of  and  to  do  such  other  lawful  and  necessary  acts 

for  the  purposes  aforesaid,  as  in  such  deed,  poll,  or  writing,  may 
appear :  now  the  condition  of  the  above  written  obligation  is 
such,  that  if  the  said  B.  B.  and  C.  C.  their  ex- 
ecutors, or  administrators,  do,  and  shall,  from  time  to  time,  well 


246  JUSTICE  OF  THE  PEACL. 

Conditions  of  Bonds. 

and   truly   pay,  or  cause  to  be  paid,  over  unto  the  said  A. 

A.  his  executors,  administrators,   or  assigns,  upon   demand, 
all  such  sum  and  sums  of  money;  debts,   and   demands,  33  they 
the  said  B.         B.         and  C.         C.        shall,  from  time  to  time 
receive,  by  virtue  of  the  said  letter  of  attorney,  or  otherwise,  to 
the  use  of  the  said  A.         A.         or  his  estate,  from  any   person 
or  persons    whatsoever,  debtors  to  the  said  At         A.         or  his 
estate,  in  the  way  of  his   said  late  trade  as   aforesaid,   without 
fraud  or  delay,  then  the  above  written  obligation  to   be  void,  or 
else  to  be  and  remain  in  full  force. 

Condition   of  a    Bond  by  the  intended    Husband    to  the  Lady's 
Father  to  pay  her  a  yearly  sum,  by  quarterly  payments,  for 
her  separate  use. 

Whereas  a  marriage  is  intended  to  be  shortly  had  and  solemni- 
zed, by  and  between  the  above  hounden  A.         A.          and  B. 

B.  one  of  the   daughters  of  the  above  named  C.         B. 
And  whereas  in  consideration  of  the  said  intended  marriage,  and 
the  marriage  portion  of  the  said  B.        B.       the  said  A.       A. 
did  agree  to  enter  into  a  bond  of  the  above  mentioned  penalty, 
conditioned,  as  herein  after  is  mentioned.     Now,  therefore,    the 
condition  of  this  obligation  is  such,  that  if  the  said  A.         A. 
shall,  and  do,  yearly,  and  every  year,  from  and   after  the  solem- 
nization of  the  said  intended  marriage,  and  during  the  joint  lives 
of  the  said  A.         A.         and  B.         B.         his  intended  wile, 
pay,  or  cause  to  be  paid,  unto  her  the  said  B.      B.    .  for  her  own 
sole  and  separate  use  and  benefit,  the  yearly  sum  of  one  hundred 
dollars,  current  money  of  the  United  Slates,  by  four  equal  quar- 
terly payments,  the  first  payment  thereof  to  begin  and   be  made 
at  the  end  of  three  calendar   months  next  after  the  solemnization 
of  the  said  intended  marriage,  which  said  yearly  sum  of  one  hun- 
dred dollars,  is  to  be  from  time  to  time  paid,  applied,  and  disposed 
of,  for  such  uses  and  purposes  only,  and  in  such  manner  only,  as 
she   the  said   B.         B.         shall    think  fit  and  convenient,  not- 
withstanding her  coverture,  and   without  the  controul  or  inter- 
meddling of  him,   the  said  A.         A.         her  intended  husband  } 
then  this  present  obligation  to   be  void,  or  else  to  remain   in  full 
force  and  virtue. 


JUSTICE  OF  THE  PEACE.  247 

Receipts,  i-c. 

RECEIPTS,  4-c 

An  acquittance  in  full  of  all  demands. 

Received  this          day  of        &c.  of,  M.         J.         K. 
thirty  dollars,  in  full  for,  #c.  and  of  all  demand?. 
$30,00  H.       .  I. 

Jin  acquittance  for  a  Legacy, 

Received  this  day  of  in  the  year  of  our  Lord  &c. 
of  J.  K.  executorofT.  II.  late  of  deceased, 
the  sum  of  one  hundred  dollar?,  being  in  full  of  a  legacy  be- 
queathed to  me,  in,  and  by  the  last  will  and  testament  of  the 
said  T.  H. 
$  100,00  H.  I. 

An  acquittance  for  purchase  money,  and  executing  (t  conveyance* 

Received  the  day  of  the  date  of  the  Indenture  within  written, 
of  the  within  named  S.  T.  the  sum  of  six  hundred  dollars, 
being  the  consideration  money,  within  mentioned,  to  be  by  him 
paid  to  me.  W.  R. 

$600,00. 

Jlii,  acquittance  for  money  for  the  redemption  of  lands. 

Know  all  men  by  these  presents,  that  I,  H.  I. 

of,  fyc.  have  had  and  received  tlis  day,  4*c.  of  and  from  T. 
S.         of,  (£%c.  the  sum  of,  4-c.  being  in  full  for  the    redemption 
of  all  and  singular,  the  lands  and  tenements  of  him  the  said  T. 
S.         lying  and  being,  <$*c.    mentioned  in  a    certain   mortgage 
deed,  bearing  date,  4*c.  and  made  by  the  said  T.         S.         to 
him  the   said  H.         I.  and  in  full  satisfaction  of  the   pro- 

viso, or  condition,  therein  contained,  for  the  payment  of  the  sum 
of,  4'c.  in  full  satisfaction  as  aforesaid,  I,  do  hereby  acknowledge 
myself  well  and  truly  paid,  and  thereof  do  acquit  the  said  T. 
3.         his  heirs,  executors,  and  administrators,  and  his  and  their 
hnds,  and  tenements.       In  witness,  £c. 


248  JUSTICE  OF  THE  PEACE 

Receipts.  S;c.      Letter  of  Attorney. 

A  Receintfor  writings  for   which  the  receiver  is  to  be  answerable. 

Received  this         day,  &c.  ofT.  T.  of,  £c.  three 

sever:.!  deeds,  or  conveyances  ;  one  ofthem,  a  lease  and  release, 
C!;M f.!,  4*c.  and  the  other  two,  an  assignment  and  mortgage, 
dated,  ^c.  all  of  them  made  between,  <H.  and  concerning  cer- 
tain lands,  lying  in,4'C.  in  the  county  of,  4-c.  For  which  said 
writings,  I  hereby  promise  to  be  accountable  to  the  said  T. 
T.  on  demand,  (or  which  deeds,  I  promise  to  redeliver,  4"C.) 
Witness,  4"c. 

A  General  Ittter  of  Attorney  to  receive  and  recover  debts. 

Know  all  men  by  these  presents,  that  I,  H.  I.  of,  4-c. 
for  divers  good  cause  and  considerations  me  hereunto  moving, 
have  made,  ordained,  constituted,  and  appointed,  and  by  these 
presents  do  make,  ordain,  constitute,  ana  appoint,  T.  S. 
of,  <S*c.  my  true  and  lawful  attorney,  for  me  and  in  my  name  and 
for  my  use,  to  ask,  demand,  sue  for,  recover,  and  receive,  oi 
E.  F.  of,  t^c.  all  such  sum  and  sums  of  money,  debts, 
and  duties,  whatsoever,  which  now  are  due  and  owing  unto  me 
the  said  H.  I.  by  and  from  the  said  E.  F.  and 

to  have,  use,  and  take  all  lawful  ways  and  means,  in  my  name, 
or  otherwise,  for  the  recovery  thereof,  by  attachment,  arrest, 
distrc-ss,  or  otherwise,  and  to  agree  and  compound  for  the  same4 
and  acquittances,  or  other  sufficient  discharges,  for  the  same,  for 
me,  and  in  my  name,  to  make,  seal,  and  deliver,  and  to  do  all 
other  lawful  acts  and  things,  whatsoever,  concerning  the  pre- 
mises, as  fully  in  every  respect  as  I  myself  might,  or  could  do, 
if  I  were  personally  present  :  and  attornies,  one  or  more,  under 
him  for  the  purposes  aforesaid,  to  make,  and  substitute,  and  a( 
his  pleasure  to  revoke  ;  ratifying  and  allowing  all  and  whatso- 
ever my  said  attorney,  or  his  substitute,  shall  in  my  name  lawful- 
ly do,  or  cause  to  be  done,  in  and  about  the  premises,  by  virtue 
of  these  presents.  In  WitBC3S.  ^-c. 


JUSTICE  OF  THE  PEACE. 


Li  U.is  of  Attorney. 


A  Letter  of  utto  nicy    irrevocable  to  receive  money  due  on  a 
Bond. 

Know  all  men,  &c.  that  I,  E.  F.  of,  <$*c.  have  made, 
ordained,  and  in  my  stead  and  place,  put,  and  constituted,  G. 
H.  of,  &.c.  my  true  and  lawful  attorney,  irrevocable,  for 
me  and  in  iny  name,  but  to  the  use  of  him  the  said  G.  H. 
to  demand,  recover,  and  receive,  of  I.  K.  and  L. 
31.  of,  &c.  the  sum  of  one  hundred  dollars,  due  unto  me,  in 
and  by  one  bond  or  obligation,  bearing  date,  &cc.  Giving,  and 
by  these  presents  granting,  unto  my  said  attorney,  my  full  pow- 
er and  authority,  in  my  name,  to  do  all  and  every  act  and  acts, 
tiling  and  things,  device  and  devices,  in  the  law,  whatsoever, 
for  the  recovery  of  said  debt,  as  fully  to  all  intents  as  I  myself 
might  or  could  do,  and  upon  receipt  thereof,  acquittances,  or  oth* 
er  discharges,  forme  and  in  my  name,  to  make,  seal,  and  execute, 
hereby  ratifying  and  allowing  all  and  whatsoever  my  said  attor- 
ney shall  lawfully  do,  or  eause  to  be  done,  in  and  about  the  prem- 
ises, by  virtue  of  these  presents.  In  witness,  &c. 

A  Letter  of  Attorney  to  receive  a  sum   of  Money  decreed  in. 
Chancery. 

Know  all  men,  &tc.  that  I,  E.  F.  of  &c.  for  divers 
good  causes  and  considerations  me  thereunto  moving,  have  made, 
constituted,  and  appointed,  and  by  these  presents  do  make,  consti- 
tute, and  appoint,  G.  II.  of,  <^-c.  my  lawful  attorney, 
for  mo,  ;:nd  in  my  name,  and  for  my  use,  to  ask,  demand,  and 
receive  of  I.  K.  of,  &c.  the  sum  of  five  hundred  dollars, 
current  money  of  the  United  States,  which  by  a  decree  made  in 
the  Court  of  Chancery  of  the  state  of  in  a  cause  depending, 
between  me  the  said  E.  F.  complainant,  and  the  said  I. 
K.  defendant,  bearing  date,  &,c.  he'the  said  I.  K.  is 
fo  pay  unto  me  ;  and  upon  receipt  thereof,  to  give  unto  the  said 
T.  K.  an  acquittance,  or  release,  testifying  the  receipt 

of  t!ic  same,  and  in  full  of  all  demands  on  account  thereof.     Giv- 
ing, and  by  thesn  presents  granting,  unto  the  said  G.         II. 
my  full  power  and  authority  to  do,  or  cause  to  be  done,  all  and 
every  such  act  and  act-',  tiling  and  (hinqs,  as  shall  be    rcquiiite 


JUSTICE  OF  THE  PEACE. 


Seaman's  Letter  of  Attorney  to  receive  i.is  V\  agt  s  for  ins  \\  iif. 

and  necdfull  to  be  done  in  the  premises,  in  as  full  and  ample 
manner,  asifl,  myself,  were  personally  present,  at  the  doing  ot 
the  same.  In  witness,  &c. 


,1  Seaman'),  Letter  of  Attorney  to  receive  his  Wages  made  to  his 

Wife. 

Ivnow  all  men,  Ire.  That  I,  D.  E.  of,  &.c.  mariner, 
have  made,  ordained,  constituted  and  appointed,  and  by  these 
presents  do  make,  ordain,  constitute,  and  appoint,  my  Joving 
'.vife,  M.  E.  my  lawful  attorney,  for  me,  and  in  my 

name,  and  for  my  use,  to  ask,  demand,  and  receive,  of,  and  from 
all  and  every  person  and  persons  whatever,  as  well  all  such  sum 
ind  sums  of  money  as  now  are,  or  which  shall,  or  may,  at  any 
time  hereafter  become  due  and  owing  to  me  for  wages,  from  the 
:hip  &.c.  or  any  other  ship  or  ships,  to  which  I  now  do 

or  may  belong,  as  also  al!  other  monies  now  due,  or  to  become 
clue,  and  owing  to  ine  by  any  other  way  or  means,  whatsoever. 
And  upon  non-payment  thereof  the  said  person  and  persons,  his, 
her,  or  their  executors,  or  administrators,  for  me,  and  in  my 
name,  to  sue,  arrest,  imprison,  implead,  and  prosecute,  lor  the 
same  ;  and  upon  such  suit,  to  proceed  to  judgment  and  execu- 
tion :  and  thereupon  the  said  person  or  persons,  their,  or  either 
of  their  executors  and  administrators  in  prison  to  hold,  detain, 
;»nd  keep,  until  payment  thereof  be  made,  with  all  costs  and 
damages  sustained  by  occasion  of  detaining  the  same  ;  and  upon 
payment  thereof,  the  said  person  or  persons,  their  executors,  and 
administrators,  forth  of  prison  to  discharge,  and  acquittances 
,for  the  same,  or  any  part  thereof,  for  me,  and  in  my  name,  to 
make,  seal,  and  deliver  ;  and  also  to  do,  perform,  and  execute, 
,i!l  and  every  other  lawful  acts  and  things,  whatsoever,  for  the 
obtaining  and  releasing  the  same,  as  shall  be  needful  and  neces- 
sary lo  be  done.  Giving,  and  by  these  presents,  granting,  unte 
my  said  attorney,  my  full  and  absolute  power  in  the  premises, 
;tnd  ratifying  and  holding  fir*n,  all,  and  whatsoever  my  said  at- 
torney shall  lawfully  do,  or  cause  to  be  done,  in,  or  about  thc- 
premists,  by  virtue  of  these  presents.  In  witness,  &c. 


JUSTICE  OF  TH?  PEAPE.  251 

Letter  of  Attorney  to  receive  a  Legacy  left  by  Will. 

To  this  Letter  of  Attorney  it  has  been  usual  to  add  a  will,  thus  : 
And  I,  the  said  D.  E.  considering  the  uncertainty  ot 

life,  do  make,  and  declare  these  presents  to  contain,  also,  my 
last  will  and  testn-ne;it  viz.  Imprimis.  I  give  ami  bequeath  unto, 
&c.  Item.  I  give  unto,  fyc.  Item,  all  such  wages,  debts,  sum  and  sums 
of  money,  Foods,  chattels,  and  estate,  whatsoever,  whereof  at  the 
time  of  my  decense  I  shall  be  possessed,  or  interested  ;  1  do  give, 
devise,  and  bequeath,  unto  my  said  loving  wife,  M.  E. 

whom  I  do  hereby  appoint  executrix  of  this  my  last  will  and  tes- 
tament, hereby  revoking  all  former  wills,  fee.  In  witness,  &c. 

Jl  Letter  of  Attorney  to  receive  a  Legacy  left  by  mill. 

Know  all  men,  &cc.  that  whereas  H.  I.  of,  &cc.  by  his 
last  will  and  testament,  bearing  date,  &,c.  did  give  and  bequeath 
to  K.  Iv.  a  legacy  of  one  hundred  dollars,  to  be  paid  to 
the  said  K.  L.  within  six  months  after  his  decease,  and 
of  his  said  will,  made  and  constituted  M.  N.  and  O. 
P.  of,  Stc.  executors.  And  whereas  the  said  II.  I, 
is  since  dead,  and  the  time  of  six  month*  appointed  for  the  pay- 
ment of  the  said  legacy,  is  now  expired.  Now  know  ye,  that  I, 
K.  L.  have  made,  ordained,  constituted,  and  appointed, 
and  by  these  presents  do  make,  ordain,  constitute,  and  appoint, 
W.  K.  of,  ^c.  my  true  and  lawf'jl  attorney,  for  me,  and 
in  my  name,  and  fur  my  use,  to  ask,  demand,  and  receive,  of. 
and  from  the  said  M.  N.  and  O.  P.  tl.-;  said  lega- 
cy of  one  hundred  dollars,  so  given  and  bequeathed  to  me.  the 
-rjid  K.  L.  by  the  said  H.  I.  in  his  will  as  afore- 
said ;  and  upon  receipt  thereof,  to  give  such  release  and  dis- 
charge for  the  same,  as  shall  be  sufficient.  Ratifying  and  allow- 
ing, all,  and  whatsoever  my  said  attorney  shall  lawfully  do  in 
the  premises,  by  virtue  of  these  presents.  In  witness,  &c. 

A  Letter  of  Attorney  to  demand  Rent,  and  enter  on  lands,  &c. 

Know  all  men,  ffc.  that  I,  E.  F.  of,  &fc.  have  made, 
ordained,  constituted,  and  appointed,  and  by  these  presents  do 
make,  ordain,  constitute,  and  appoint,  G.  H.  oi",  &c.  my 
true  and  lawful  attorney,  for  me  and  iu  my  name,  and  to  my  use, 
to  demand  and  receive  of  I.  K  ol'  !hr  M;;n  <•;" 


252  JUSTICE  OF  THE  PEACE. 


Letter  of  Attorney  to  Suf:  for  Lond;?. 


for  one  years'  rent  due  to  me,  at,  &c.  last,  for  one  messuage  or 
tenement,  <$*c.  situate,  &c.  and  on  receipt  thereof,  a  sufficient  ac- 
quittance to  give  for  the  same.  And  in  default  of  payment  there- 
of, for  me,  and  in  my  name,  to  enter  into,  and  upon,  and  take 
possession  of  the  said  messuage  and  premises,  and  to  detain  and 
keep  such  possession  for  my  u?e  ;  and  whatsoever  my  said  at- 
torney shall  do  in  the  premises,  I  do  hereby  ratify  and  confirm. 
In  witness,  &c. 

A  Letter  of  Attorney  to  sue  for  Lands. 

To  all  people,  &.c.  I,  C.         D.         of  send  Greeting  : 

.Know  ye,  that  I,   the  said  C-          D.  have  constituted  and 

appointed  E.         F.         of  my  true  and  lawful  attorney, 

for  me,  and  in  my  name,  to  enter  into  all  that  messuage,  &.c. 
situate,  &c.  and  full  and  peaceable  possession  thereof,  for  me, 
and  in  my  name,  to  take  ;  and  after  such  possession  so  taken, 
then  for  me,  and  in  my  name,  to  remove  and  put  out  the  pre- 
sent tenants  or  occupiers  of  the  said  premises,  or  any  part  there- 
of; and  the  same  premises,  and  every  part  thereof,  for  my  use, 
to  hold  and  keep  :  and  I  do  by  these  presents  give  and  grant  to 
my  said  attorney,  full  power  for  me,  and  in  my  name,  to  com- 
mence, sue,  implead,  and  bring  any  action  or  actions,  suit,  or 
suits,  whatsoever,  against  the  tenants  and  occupiers  of  the  said 
messuage,  and  premises,  and  against  all  and  every  other  person 
or  persons,  for  and  concerning  the  wrongful  withholding,  and 
detaining  of  the  said  messuage,  &fc.  or  any  part  thereof,  and  the 
a!-!  suit  or  suits,  for  me,  and  in  my  name,  to  prosecute  and  fol- 
iow,  and  in  my  right  to  proceed  to  trial,  and  do  all  other  lawful 
acts  and  things  for  the  recovery  of  the  said  premises,  and  every 
part  thereof,  as  fully  and  effectually  as  I  might,  or  could  do  my- 
self, if  I  were  personally  present.  And  I,  the  said  C.  D. 
for  myself,  and  my  heirs,  executors,  fiwc.  do  covenant  with  the 
said  E.  F.  that  I  will,  from  time  to  time,  aijd  at  all  times 
hereafter,  avow  and  justify  all  and  every  lawful  action  and  ac- 
tions, suit  and  suits,  whatsoever,  to  be  commenced,  had,  or  brought, 
jn  my  name,  for,  or  concerning  the  said  messuage,  &c.  in  man- 
ner aforesaid.  In  witness,  tyr. 


JUSTICE  OP  THE  PEACE:  956 

Letter  oi'  Att'y.  to  !<•[  or  sell  i.ands  —  to  take  r.m  \<  itr  s  o''A  Imiius  r,  'i  Q. 

A  Letter  of  Attorney  to  let  or  sell  Lands,  &tc. 

To  all  people,  &c.  C.  ,  D.  of,  £c,  sendeth,  Greeting  : 
Whereas  the  said  C.  D.  is  seized,  in  fee,  of  all  that 
messuage,  or  tenement,  and  certain  parcels  of  land,  situate^  &c. 
now,  or  late  in  the  possession  of,  &c.  Now  know  ye,  that  the 
said  C.  D.  doth,  by  these  presents,  constitute,  authorize, 
and  impower,  E.  F.  of,  &c.  to  lease  or  demise  the 
said  messuage,  or  tenement,  lands  and  premises,  to  such  peson 
or  persons,  and  for  such  term  or  number  of  years,  and  under  such 
yearly,  and  other  rents,  as  he  shall  think  fit,  or  otherwise  to  sell 
and  dispose  thereof,  either  for  life,  or  lives  ;  or  to  soil,  grant,  or 
convey  the  sanw,  in  fee  simple,  for  such  price  or  sum  of  money, 
and  to  such  person  or  persons,  as  he  shall  think  convenient  :  and 
also  for  him  the  said  C.  D.  and  in  his  name  to  seal,  ex- 
ecute, and  deliver  such  deeds,  and  conveyances,  bargains,  and 
sales,  for  the  absolute  sale  and  disposal  thereof,  or  of  any  part 
thereof,  with  such  clauses,  covenants,  and  agreements,  therein 
1o  be  contained,  as  he  the  said  E.  F.  shall  think  fit  and 
expedient  ;  hereby  ratifying  and  confirming  all  such  leases, 
deeds,  bargains,  sales,  and  other  conveyances,  which  shall  at 
any  tiroe  hereafter  be  made,  sealed,  executed,  and  delivered,  by 
him  the  said  E.  F.  touching  or  concerning  the  premises. 
s?,  &c. 


(.-3  clause  may  le  added  to  this  letter  of  attorney,  for  allowing 
the  said  E.  F.  out  of  the  rents  by  him  received  on  letting 
the  said  messuage,  fyc.  /us  reasonable  and  necessary  charges  and 
cxpenccs,in  and  about  the  letting  the  same,  and  disposal  thereof; 
and  also  the  yearly  sum  of,  fyc.  for  his  pains  and  trouble  in-  the 


Jl  Letter  of  attorney  to  take  out  Letters  of  Administration  on  the 
effects  of  one  dying  abroad. 

Whereas,  I.  F.  late  belonging  to  deceased, 

lately  died  a  bachelor,  intestate,  without  any  will  by  him  made, 
leaving  behind  him  at  the  ti'nc  of  hi.-   death,  K.  F.  his 

natural  ?iv}  lawful  father,  and  only  r,t>xt  of  kin.  . 


254  JUSTICE  OF  THE  PEACE. 


An  Award,  or  determination 


Now  know  all  men  by  these  presents,  that  I,  E.          F. 
for  certain  good  causes  and  considerations  me  hereunto  especial- 
ly moving,  have  nominated,  constituted,  and    appointed,  and  by 
these  presents,  do  nominate,  constitute,  and  appoint,  M. 
F.         of,  <SfC.  to  be  my  true  and  lawful  attorney,  for  me,  and  in 
;ny  name,  to  appear  before  the  court  in  such  cases   authorized  to 
grant  letters  of  administration,  to  exhibit  this  my  letter  of  attor- 
ney, and  to  pray  and  procure  letters  of  administration  of  all  and 
singular  the  goods,  chattels,  and  credits,  of  the  said  I.         F. 
deceased,  to  be  committed,  and  granted  to  him,  for   my  use  and 
benefit  ;  and  generally  to  act  and  do  what  shall  be  requisite  and 
necessary,  in  this    behalf :  ratifying   and   confirming    all,    and 
whatsoever  my  said  attorney  shall  lawfully  do,  of    cause   to  be 
done,  in,  or  about  the  premises.       In  witness,  &c. 

Jin  Jltxard,  or  determination  of  Controversies. 

To  al!  people  to  whom  these  presents  shall  come,  Greeting  : 

Whereas  there  are  several   accounts    depending,   and  divers 
controversies  and  disputes  have  lately  arisen,  between  A. 
B.  of  &.c.  and  C.  D-.  of  &c.  and 

whereas,  for  the  putting  an  end  to  the  said  disputes  and  contro- 
versies, they,  thft  said  A.  B.  and  C.  D. 
by  their  several  bonds  and  obligations,  bearing  date,  &fc.  are  be- 
come bound,  each  to  the  other  of  them,  in  the  penal  sum  of,  £fC. 
to  stand  to  and  abide  the  award  and  final  determination  of  us, 
E.  F.  G.  H.  and  J.  K.  of,  &c. 
PO  as  the  said  award  be  made  in  writing,  and  ready,  to  be  de- 
livered to  the  parties  in  difference,  on,  or  before  next, 
as  by  the  said  obligations  and  the  conditions  thereof  may  appear. 
Now  know  ye,  That  we  the  said  arbitrators,  whose  names  are 
hereunto  subscribed,  and  seals  affixed,  taking  upon  us  the  bur- 
then of  the  said  award,  and  having  fully  examined,  and  duly 
considered  the  proofs  and  allegations  of  both  the  said  parties,  do, 
for  the  settling  amity  and  friendship  between  them,  make  and  pub- 
lish this  our  award,  of,  and  concerning  all  the  said  disputes  and 
t.ontrovcrsies,  by,  and  between  the  said  parties,  in  manner  follow- 
ing :  That  is  to  say  ;  Imprimis.  We  do  award  and  order,  that 
all  actions,  suits,  quarrels,  and  controversies,  whatsoever,  had, 
moved,  arisen,  or  depending,  between  the  snid  partie?,  in  law, 


JUSTICE  OF  THE  PEACE. 


An  Awjxrd,  or  Umpira?e,  between  two  person?. 


or  equity,  for  any  manner  of  cause  whatsoever,  touching  the  said 
disputes  and  controversies,  io  the  day  of  the  date  hereof,  shall 
cease,  and  be  no  further  prosecuted  :  and  that  each  of  the  said 
parties  shall  pay,  and  bear  his  own  costs  and  charges,  in  any 
way  relating  to,  or  concerning  the  said  premises  :  and  we  do 
also  award  and  order,  that  the  said  A.  B.  shall  pay. 

or  cause  to  be  paid,  to   the  said  C.  D.  the  sum  of 

within  the  space  of  and  also,  at  his  own  cost 

and  charges,  do  &c.     And  further,   we    do  award   and 

order,  that  the  said  C.  D.  shall  pay,  or  cause  to  be 

paid,  to  the  said  A.  B.  the  sum  of  on  or 

before  or  give  sufficient  security  for  the  same,  to  the 

said  A.  B.  &.c.  and  whereas,  £ic.  we  do  also  award 

and  order,  tyc.  And  lastly  we  do  award  and  order,  that  the 
said  A.  B.  and  C.  D.  on  receipt  of  the 

several  sums,  &c.  shall,  in  due  form  oi"  law,  execute,  each  to  tbp 
other  of  them,  general  releases,  sufficient  for  the  releasing  each 
to  the  other  of  them,  his  executors,  and  administrators,  of  all  ac- 
tions, suits,  arrests,  quarrels,  controversies,  and  demands,  what- 
soever; touching,  or  concerning  the  premises  aforesaid,  or  any 
matter  or  thing  thereunto  relating,  from  the  beginning  of  the 
world  unto  the  day  of  last. 

lu  witness,  #c. 

An  Azi-ard,  or  Un:pirag(i,  bct~cccz  two  persons. 

To  all  people,  &c.  I,  A.          B.  <  :"  send,  (I'KX.- 

.ng: 

Whereas   great    variance,   strife  and  controversy,  have  beer 
had,  moved,  and  stirred  up,  between  A.         B.  of 

and  C.         D.          of  for,  and  concerning,  &.c.  for  the  ac 

commodating  and  ending  whereof,  the  said  parties,  by  their  mu- 
tual consent  and  agreement,   have  submitted  and  bound  them- 
selves,  each   to  the  other  of  them,  by  their  several    I 
writings  obligatory,  bearing  date,  See.  in  the  sum  of 
to  stand  to,  abide,  observe,  perform,  and  keep,    the  award,  or- 
der,   arbitrament,  judgment,   final    end,  and    determination,  01 
F..         F.         and  G.          II.         of  arbitrators  indii- 


256  JUSTICE  OF  THE  I'EA(?E. 


ikn  it  ;i  rule  of  Court. 

fprently  chosen  b<  tween  the  said  parties  to  arbitrate,  award,  or- 
der. <S,-c.  (as  in  the  bond,)  so  as  the  said  award  was  made  in 
writing,  under  the  hands  and  seals  of  the  said'  arbitrators  ready 
to  be  delivered  to  the  said  parties  at  on,  ^-c.  1  ;:.-'; 

past.  And  if  the  said  arbitrators  should  not  make  their  said 
award  in  writing,  as  aforesaid,  on  or  before  the  said  then 

the  said  parties  were  to  stand  to,  obey,  abide,  observe,  perform, 
and  keep,  the  award,  umpirage,  final  end,  and  judgment,  of  me, 
the  said  A.  B.  umpire,  indifferently  chosen  between  the 
said  parties,  for  ending  the  differences  aforesaid  ;  so  that  my 
said  award  and  ump.irage  be  made  in  writing,  ready  to  be  de- 
livered to  the  said  parties,  at  on,  &c.  this  month  of 

as  by  the  said  several  obligations  and  conditions  thereof 
may  appear.       And    whereas   the  said  E.  F.  and 

G.          H.  did  not   make    up    their  said  award    between 

the  said  parties,  by  the  time  limited  by  the  said  bonds,  of  arbi- 
tration, as  above  mentioned,  whereby  the  composing  the  said 
differences  and  matters  iu  dispute  depends  wholly  upon  me. 
Now  know  ye,  that  I,  the,  said  A.  B.  having  taken  upon 
me,  the  business  and  charge  of  the  said  award,  and  being  willing 
to  set  the  said  parties  at  peace  and  concord,  by  making  a  final 
end  of  the  controversies  between  them  ;  and  having,  by  good 
advice  and  deliberation,  heard  and  examined  the  titles,  allega- 
tions. and  proofs  of  both  the  said  parties,  concerning  the  said 
premises  in  dispute,  do  make,  publish,  declare,  and  deliver  this 
my  award,  in  manner  following  ;  (that  is  to  say)  First,  I  finally 
award,  judge,  and  determine,  that,  &LC.  Secondly,  tha.t,  &c. 
(here  insert  the  several  particulars  of  the  award)  In  witness,  SfC 

.1  Stjbmission  to  an  Arbitration  to  make  it  a  rule  of  Court. 
Be  it  remembered,   that  A.          B.  and  B.  C.          of, 

,icc.  being  desirous  to  end  and  determine  divers  controversies, 
suits,  and  quarrels,  that  have  lately  arisen  between  them,  did 
on,  &.c.  agree  to  submit  and  refer  all  the  said  controversies,  suits, 
and  quarrels,  to  the  award  of  E.  F.  and  G.  II. 

of,  &tc.  to  be  made  in  writing  under  their  hands  and  seals,  &c- 
Arid  the  said  parties  did  mutually  promise,  and  oblige  them- 
selves, that  they  would  perform-  aud  execute  such  award  as  the. 


JUSTICE  OF  THE 


of  Sale  of  Goods. — condition!  d  in  fh.1  naturr  ot'a 


:;r.id  arbitrators  sliould  make  in  the  premises.     Now  the  said  pa: 
ties  do  further    agree  that    the   said  submission    shall  be  made  ;i 
rule  in  the  court,  &.c.         and    that   they  will  be  finally 

concluded  by  the  arbitration  which  shall  be  made  in  the  premi 
ses  by  the  said  arbitrators,  pursuant  to  such  submission. 
In  witness,  &cc. 

A  Bill  of  Sale  of  Goody. 

Kno\v  all  men,  £.c.  that  1,  J.  K.         of  for,  and 

in  consideration  of  the  sum  of  to  me  in  hand  paid,  at,  and 

before  the  scaling  and  delivery  of  these  presents,  by  I.          S. 
of  the  receipt    whereof  I  do  hereby    acknowledge,   havt 

bargained  and  sold,  and  by  these  presents  do  bargain  and  sell  un- 
to the  said  I.  S.  all  the  goods,  household  stuff,  and  im- 
plements of  household,  and  all  other  goods  whatsoever,  mentioned 
in  the  schedule  hereunto  annexed,  now  remaining  and  being  in, 
&cc.  in  the  possession  of,  &tc.  To  have  and  to  hold,  all  and  sin- 
gular the  said  goods,  household  stuff,  and  implement?  of  house- 
hold, and  every  of  them,  by  these  presents  bargained  and  sold 
unto  the  said  I.  S.  his  executors,  administrators,  and 

assigns,  for  even  And  I,  the  said  J.  K^  for  myself,  iny 
executors,  and  administrators.,  all,  and  singular  the  said  goods, 
and  household  stuff,  unto  the  said  I.  S.  his  executors,  ad- 
ministrators, and  assigns,  against  me  the  said  J.  K.  my  execu- 
tors, administrators,  and  assigns,  and  against  all  and  every  olhei 
person  and  persons,  whatsoever,  shall  and  will  warrant,  and  forever 
defend,  by  these  presents.  Of  which  goods,  I  the  said  J.  K. 
have  put  the  said  I.  S.  'in  full  possession,  by  delivering 
him  one  silver  tankard,  Sec.  at  the  sealing  hereof.  In  witness,  Sic* 
Of  Goods  Conditioned  in  the  nature  of  a  Mortgage. 

To  all  to  whom  these  presents  shall  come,  I,  A.         B. 
of  send  Greeting.     Know  ye,  that  I,  the  said  A.       B. 

for,  and  in  consideration  of  (as  in  the  last  to")  and  for  ever 

defend  by  these  presents:  Provided  always,  and  it  is  hereby 
agreed  between  the  said  parties  to  these  presents,  that  if  I,  thf 
said  A.  B.  my  executors,  administrators,  or  assigns,  <>;• 
any  of  us,  do  and  shall  well  and  truly  pay,  or  cause  to  be  paid, 
unto  the  said  C.  D.  or  his  attorney,  executors,  adminis- 
trators, or  assigns,  the  sum  of  on  ior  the  redemption 
of  Urn  said  hereby  bargained  premises,  then  tbo«e  presents,  and 


JtJSffCfi  OF  THE  PEACE. 


A  Hari'pi:  R   cl  •'•• 


every  clause,  article,  condition,  and  thing  herein  contained,  shall 
cease,  determine,  and  bt  utterly  void  ;  otherwise,  to  remain  in 
t'ul!  force  and  effect. 

A  Bargain  and  sale  of  Timber. 

This  indenture,  made,  4-c.  between  A.          B.  of,  &tc.  of 

ihe  one  part,  and  I.          S.          of,  <fyc.  of  the  other  part,  witness-  > 
eth,  that  the  said  A.          B.          for,  and  in  consideration  of  the 
sum  of,  &c.  to  him  in  hand  paid  by  the  said  I.          S.          the  re- 
ceipt whereof  is  hereby  acknowledged,  he  the  said  A.         B. 
hath  granted,    bargained,    nnd  sold,    and  by  these  presents  doth 
grant,  bargain  and  sell,  unto  the  said  I.          S.          his  executors, 
administrators,  and  assigns,  all  those  timber  trees,  or  other  trees, 
nor/  standing  and  being  in,  &.c.  marked  by  said  A.         B. 
:nd  I.          S.         ivith  the  letters  containing  in  number 

.Tad  computed  to  be  in  the  whole  about  Tons  :   and 

also  al:  the  loppings,  tops,  shrouds,  limbs,  and  boughs,  of  the 
>aid  timber  trees,  or  other  trees,  whatsoever.  To  have  and  to 
hold  the  said  timber  trc-es.  lops,  tops,  and  shrouds,  hereby  bar- 
gained and  sold,  or  meant,  mentioned  or  intended  to  be  hereby 
bargained-and  sold  unto  the  said  I.  S.  his  executors,  admin- 
istrators, and  assigns,  to  his  and  their  own  proper  use  and  use? 
forever.  And  the  said  A.  B.  for  himself,  his  heirs,  ex- 
ecutors, administrators,  and  assigns,  and  for  every  of  them,  dotb 
covenant,  promise,  and  grant,  to,  and  with  the  said  I.  S. 
!iis  executors,  administrators,  and  assigns,  and  every  of  then;, 
bv  these  presents,  thrit  be  the  said  I.  S.  his  executors,  ad- 
ministrators, or  assigns,  shall,  and  may  peaceably  and  quietly 
have,  hold,  take,  receive,  and  enjoy,  all  and  singular  the  said 
timber  trees,  other  trees,  arid  premises,  herein  or  hereby  men- 
tioned or  intended  to  be  granted,  bargained,  and  sold,  and  every 
pait  thereof,  with  liberty  of  ingress,  egress,  and  regress,  to  fell, 
cut,  fetch,  and  carry  away  the  same,  to  his  and  their  proper  use 
and  uses,  without  any  lott,  trouble,  molestation,  disturbance,  or 
denial,  of  him  the  said  A.  B,  his  heirs,  or  assigns,  or  any  per- 
suii  or  persons,  lawfully  claiming,  or  to  claim  from,  by.  or  under 
him,  them,  or  any  of  them.  And  the  said  I.  S.  for  himself, 
his,  &fC.  doth  covenant  and  grant,  to,  and  with  the  said  A. 
B.  his-,  4-c.  that  the  said  I.  S.  shall  and  will  fell,  cut 
down,  and  carry  away  the  said  timber  trees,  or  other  tree* 


JUSTICE  OF  THE  PKACL. 


Contract  for  Wood. — Lease  of  Re;  ! 


above  bargained  and  soid.  off,  and  from  the  land  of  the  said  A. 
13.         on  or  before,  &.c.  next  ensuing  the  date  hereof.     In  wit- 
ness, kc. 

A  Contract  for  the  sale  of  Wood. 

MEMORANDUM. — It  is  contracted  this  day,  &c.  in  the  year,  &c. 
between  A.         B.         of,    &,c.  and  T.  S.  of,  &c.  and 

the  said  A.  B.  doth  covenant  and  agree,  to,  and  wit); 
the  said  T.  S.  to  bargain  and  sell  unto  the  said  T. 
S.  a!!  those  his  coppice  woods,  and  tinder  woods,  now  stand- 
ing, growing,  and  being,  in,  &x.  containing,  &:c.  (the  soil  of 
the  same  coppice  vrood,  and  all  timber  trees,  therein  standing 
and  growing,  and  the  usual  and  accustomed  staudils  there  to  be 
left,  exccpted,)  to  hold  the  same  coppice  wood,  to  the  said  T. 
S.  his,  &LC.  to  his  and  their  own  use  and  uses,  forever.  In 
consideration  whereof,  the  said  T.  S.  doth  hereby  cov- 
enant and  agree  to  pay  unto  the  said  A.  B.  the  full  sum 
of,  &.c.  when  and  as  soon  as  the  said  A.  B.  shall  sign, 

seal,  and  deliver  to  the  said  T.  .  S,  a  legal  and  absolute 
bargain  and  sale  of  the  said  ivood,  and  put  him  in  possession 
thereof,  which  is  hereby  agreed  between  the  said  parties,  to  br 
on,  or  before,  &c.  And  further,  it  is  agreed  that  the  said  T. 
S.  shall,  at  his  own  cost  and  charges,  fence  and  repair  all 
the  hedges  and  fences  belonging  to  the  said  coppice  wood,  as 
shall  be  broken  down  by  the  felling,  cutting,  or  carrying  awav 
the  said  wood,  for  the  preservation  of  ihe  young  sprigs  grow- 
ing in,  and  upon  the  same.  And  also  that  the  said  T.  S. 
shall  not  fell  any  of  the  said  coppice  wood,  but  at  seasonable 
times  of  felling,  viz.  between  the  of,  <$*c.  Witness,  &c. 

Lease  of  Real  Estate. 

This  indenture,  made  the         day  of          in  the  year   of  GUI 
Lord  one  thousand,  <xc.  between  John   Doe,  of  of  the-  <•!»• 

part,  and  Richard  Roe,  of  of  the  other  part,  witnesseih,  thai 

the  said  John  Doe,  for,  and  in  consideration  of  the  yearly  i. 
and  covenants  heroin  after  reserved  and  contained,  on  the  part  o; 
the  said  Richard  HOC,  his  txccutors,  administrators,  a:ui  as.-. 
to  be  paid, observed,  and  performed,  hath  demised,  granted,  and  to 
farm,  leiten,  and  by  these  presents,  dotn  demise,  grant  and  tu  farm 
let,  unto  the  said  Richard  Roe,  (here  describe  the  premises,  :. 


.' ;jo  JUSTICE  Ol    THE  PEACE. 

Lease  of  Rea!  Estntn. 

:r  /find   or  buildings,  or  both,  in   such   a  manner  that  they  can  le 
clearly  known,  as  to  theplace  where  situated,  quantity,  and  bounds.*) 
To  have  and  to  hold  the  premises  above  described,    with   the 
Appurtenances  thereof,  unto  the  said  Richard  Roe,  his  executors, 
administrators,  and  assigns,  from  (tare  state  the  day  from    which 
':ic  term  is    to  commence ,  whether  past,  present,   or  future,}  fur, 
and  during  the  term  of  (here  insert  the  years  or  months,  the   lease 
*'s  to  continue,}  thence  next  ensuing,  and   fully    to   be    complete 
and  ended  :  yielding  and  paying    therefor  yearly,    during   the 
said  term,  unlo  the  said  John  Doe,   his    heirs,    and  assigns,  the 
yearly  rent  of  (Acre  insert  the  swn  of  money,  or  other  things,  to  be 
paid  and  received,  as,  and  for  the  rent,}  in  and  upon  the 
day  pf         in  each  year  during  said  term,  and  if  it  shall    happen 
that  the  said  yearly  rent,  above  reserved,   or  any   part  thereof, 
shall  be  behind  and  unpaid  by  the  space  of         days,  next  after 
any  or  either  of  the  said  days  appointed  for  the  payment  thereof, 
then  and  from  thenceforth  it  shall  and  may  be  lawful,   to  and    for 
the  said  John  Doe,  his  heirs,  and  assigns  into  the  said  premises  to 
/c -enter,  and  the  same  to  have  again,  repossess,  and  enjoy,  as  in 
hi?,  or   their  former,  or  first   estate,  right   and   title,  any    thing 
Iierein  contained  to  the  contrary,  in  any  wise,   notwithstanding. 
And  the  sajd    Richard  Roe,    for  himself,   his  executors,   admin- 
istrators, and  assigns,  doth  covenant   and  grant,    to  and  with  tlio 
.said  John  Doe,  his  heirs  and  assigns,  that  he,  the  said  Richard 
Roe,  his  executors,  administrators,  and  assigns,   shall,  and  will 
well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said  John  Doe, 
his  heirs,  and  assigns,  the  said  yearly   rent  above  reserved,    at 
the  days  and  times,   and  in  manner  and  form,   above  expressed, 
clear  of,   and    over   and    above  all  taxes,  rates,    and  payments, 
whatsoever,  (except,  &.c.)     And  also  that  the  said  Richard  Roe, 
his  executors,  administrators,    and  assigns,  shall,  and  will  iron; 
time  to  time,  and  at  all  times,  during  the  said   term  hereby  grant- 
ed, well  and  sufficiently  repair,  maintain,  sustain,  uphold,  amend, 
and  keep  the  demised  premises,  and  every  part  thereof,  with  the 
appurtenances,  in,  by,  and  with  all,  and  all  manner  of  needful  and 
necessary  reparations,  whatsoever,  when  and  so  often  as  need  shall 
require,  except  when  occasioned  by  the  act  of  God,  or  the  enemies 
of  the  state.  And  the  same  so  well  and  sufficiently,  repared  main- 
liined,  sustained,  upheld,  and  kept,  at  the  end  of  said  term,  untr 


JUSTICE  OF  THE  PEACE .  261 

A  Will,  with  Devi.-o  of  Lands,  Goods,  and  Ch.iUds. 

the  -.aid  John  Doe,  his  heirs,  and  assign?,  shall  and  will  peacea- 
!>ly  and  quietly  leave  and  yield  up.  And  the-  said  John  Doe, 
for  himself,  his  heirs,  and  assigns,  doth  covenant  and  grant,  to, 
r\nd  with  the  said  Richard  Roe,  his  executor.0,  administrators,  a.nd 
assigns,  that  he,  the  said  Richard  Roe,  his  executors,  adminis- 
trators, and  assigns,  shall  and  may,  by  and  under  the  yearly  rent 
and  covenants,  herein  before  reserved  and  contained,  peaceably" 
and  quietly  have,  hold,  occupy,  possess,  and  enjoy,  all  and  sin- 
gular the  tenements,  and  premises  above  mentioned,  with  their 
appurtenances  ;  for  and  during  the  said  term  hereby  granted, 
without  the  let,  trouble,  hindrance,  molestation,  interruption 
and  denial,  of  him  the  said  John  Doe,  or  of  any  other  person  or 
persons,  claiming,  or  to  claim,  by,  from,  through,  or  under  him. 
In  witness  whereof  the  persons  first  above  named  have  to  these 
present  indentures  set  their  hands  and  seals,  the  day  and  year, 
jirst  above  written. 

Signed  Sealed  and  delivered,   )          JOHN  DOE.          (SEAL.) 
In  presence  of  $       RICHARD  ROE.     (SEAL.) 

F.  county,  ss.  S.  On  this  day  of  A.D.  personally 
appeared,  John  Doe,  and  Richard  Roe,  signers  and  sealers  of  tli« 
foregoing  instrument,  and  acknowledged  the  same  to  be  their  act 
and  deed,  before  me.  J.  B,  Justice  of  the  Peace. 

Ji  Will,  -with  dc-jise  of  Lands,  Goods,  and  Chattels. 
In  the  name  of  God  :  Amen.     I,  John  Doe,  of         in  the  coun- 
ty of        and  state  of          do  make  my  last  will  and  testament, 
>n  manner  following,  to  wit. 

First.  \  will,  order,  and  direct,  that  my  funeral  charges 
and  just  debts,  be  fully  paid  and  satisfied  ;  and  if  my  per- 
sonal estate  be  not  sufficient  for  that  purpose,  I  hereby  au- 
thorize my  executor  of  this  will,  to  sell  enough  of  ray  real 
estate  to  make  up  the  deficiency  of  my  personal  estate,  for 
the  j'urpose  aforesaid. 

\ccond.    I  give,  devise,  and  bequeath,  unto  my  wife,  M. 
D.  my  son,  O.          D.  and  my  daughter,  J. 

the  rest  and  residue  of  my  estate,  real  and  personal, 
to  Le  equally  divided  between  them,  share  and  share,  alike, 
fo  have  and  to  hold  the  same,  to  them,  their  heirs,  and  as- 
signs, for  ever.  The  .sum  charged  on  my  book,  as  advanced 
{\-  tijn  education  of  mv  said  son,  O^  D.  to  consti- 


JUSTICE  OF  THE  PEACE. 


A  Will. 


tute  a  part  of  his  said  share,  in  such  division.     And  the  share 
so  as  above  given  and  devised,  to  my  said  wife,  to  be  in  lieu 
of  her  dower,  in  my  real  estate. 
Last.   I  constitute  and  appoint  my  beloved  wife,  M.          D. 

executrix  of  this  my  last  will  and  testament. 
In  testimony,  4>c.  JOHN  DOE,  (SEAL.) 

Signed,  sealed,  and  published,  by  the  said  ~\ 
John  Doe,  as,  and  for  his  last  vill  and 
testament,  in  the  presence  of  us,  z;:ho 
each  now  subscribes  this  attestation  in 
his  presence.  JOHN  STILES, 

HENRY  NILES, 
SUSAN  MILES.      J 

i\  county,  ss.  S.  On  this  day  of  A.  D.  appeared  John 
Stiles,  Henry  Niles  and  Susan  Miles,  all  whom,  being  duly  sworn, 
do  depose,  and  say,  that  they  all  sa-,v  the  above  named  testator, 
John  Doe,  sign  and  seal  the  within  instrument,  and  heard  him 
declare  the  same  to  he  his  last  will  and  testament  :  and  that  the 
deponents  all  subscribed  their  names  thereto,  as  witnesses  to  the 
execution  and  publication  thereof,  in  manner  aforesaid,  on  the 
day  of  the  date  thereof,  in  presence  of  the  said  testator,  before 
me.  J.  B.  Justice  of  the  Peace. 

Another  Will. 

In  the  name  of  God  :  Amen.       I,  John  Doe,  of  in  the 

county  of  considering  the  uncertainty  of  the  continuance  of 
.life,  do,  on  this  day  of  A.  D.  make  and  publish  this 
my  last  will  and  testament,  in  manner  following,  to  wit. 

1.  I  give  to  my  son,  O.         D.         one  thousand  dollars. 

2.  I  also  give  to  my  daughter,  S.         B.         two  thousand  dollars, 

3.  I  also  give  to  my  dear  wife,  M.          D.         one  thousand  five 
hundred  dollars. 

4.  I  also    give  to  my   brother,  L.         D.         and  to   my  sister, 
A.         D.         each,  five  hundred  dollars. 

5.  I  give  and  bequeath  all  my  bank  stock  unto  my  friends,  L, 
M.  R.         S.         and    G.         II.         C.         B.         and 
L.     »  K.         as  trustees  of  the  same,  to  pay  the  dividends  of 
interest,  which  shall  accrue  thereon,  from  time    to  time,   after 
decucting  necessary  expences  to  such  of  the  inhabitants  of 

as  shall  in  the  opinion  of  rnv  said  trustees  l>e  the  most  proper 
objects,   towards  whom,  to  exercise   Christian    benevolence 


JUSTICE  OF  THE  PEACE  236 


Codicil  to  a  Will. 

And  in  case  of  the  death  or  removal  out  of  the  county  of 
of  either  of  my  said  trustees,  I  hereby  authorize  the  remaining 
resident  trustee,  or  trustees,  to  fill  such  vacancy,  by  election 
from  amongst    the  inhabitants  of  said  county  of  in  per- 

petuutn,  which  trustees,  so  appointed,  shall,  to  all  intents  and 
purposes,,  possess  the  same  powers  and  authority,  as  those  by 
me  expressly  nruned. 

b'.  I  bequeath  all  my  stock  in  the  funded  debts  of  the  United 
States,  to  my  executor  herein  after  named,  for  the  payment 
of  my  funeral  charges,  administration  expenc.es,  and  all  my 
just  debts,  and  the  surplus  thereof  to  be  paid  over  to  rny 
trustees  before  named,  to  remain  in  their  hands  as  a  fund, 
the  interest  whereof,  after  paying  contingent  expences,  to  be 
applied  towards  the  support  aud  education  of  such  orphan 
children  belonging  to  the  parish  of  as  rny  said  trustees 

shall  judge  most  properly  the  objects  of  such  charity. 

7.  I  give,  bequeath,  and  devise,  unto  rny  said  dear  wife,  M. 
D.  and  to  my  said  son,  O.  D.  and  to  my  said 
daughter,  S.  B.  and  to  their  heirs  and  assigns,  forev- 
er, all  the  rest,  residue,  and  remainder,  of  nay  estate.,  both  real 
and  personal,  to  be  equally  divided  between  them  my  said 
wife,  son,  and  daughter,  share  and  share  alike. 

•'$.  Last.  I  appoint  my  said  dear  wife,  M.      D.       executrix,  of  thi? 

'my  la«t  will  and  lestarnent,  (&c.  asm  the  preceding  form.} 

Codicil. 

Whereas  I,  John  Doe,  of  by  my  last   will  and  testa 

merit  in  writing  duly  executed  and  declared,  bearing  date  on  the 
day  of  A.  D.          gave,  bequeathed,  and    devised,  to 

my  dear  wife.  i\I.  D.  and  to  my  son,  O.  D.  and 
!o  my  daughter,  S.  15.  by  the  .seventh  paragraph  in  my 
-aid  lastwiJI  and  testament,  all  the  rest,  residue,  and  remainder, 
(after  the"  payments  61  the  iegacies>  and  specific  bequests,  in 
-aid  last  will  and  testament,  before  mentioned  and  expressed,)  of 
my  estate,  both  real  and  persotial,  to  be  t-queally  divided  be 
tween  them  my  said  wife,  son,  and  daughter,  share  and  share 
alike.  And  whereas  for  certain  reasons,  me  thereunto  moving, 
to  alter  my  said  will  and  testament,  with  respect  to  the  said 
event!)  paragraph  (hereof,  I  do  therefore  make  this  present  codi- 
ul  to  my  said  last  will  and  testament,  to  be  thereto  annexed,  and 
iki  n  as  a  part  thereof  ;  and  do  hereby  revoke  the  said  seventh 
paragraph,  so  far  as  relates  to  the  said  share  therein  given  and 
devised  to  my  said  daughters.  B.  and  do  hereby  give, 
bequeath,  and  divi.se,  unto  and  and  as  trust- 

ees, of  the  said  share,  so  before  given  to  my  said  daughter,  to 
have  and  to  heldthe  same  -to  them,  and  the  longest  livers  and 
longest  liver  of  them,  in  trust,  for  the  benefit  of  my  said  daugh- 


284  JUSTICE  dF  THE  PJSACL. 


A  Nuncupative,  or  Vc-rlw!  Will. 


ter,  to  pay  to  her  on  her  personal  request,  quarter  yearly, 
the  interest  and  avails  thereof;  or  if  in  their  opinion,  bhe  can- 
not act  freely  in  such  request,  then  to  layout  the  same  for  lief 
best  comfort  and  convenience,  according  to  their  best  discretion. 
My  design  herein  being  to  insure  to  her.  my  said  dauirhier,  : 
comfortable  subsistence  during  her. natural  life.  And  1  further 
p;ivc,  bequeath  and  devise,  the  aforesaid  .share,  (first  given  to  my 
said  daughter,  and  by  this  codicil  to  ray  said  trustees)  after  the 
death  of  my  said  daughter,  to  the  heirs  of  her  body  (if  any  she 
shall  have)  in  full  property  and  fee  simple  ;  but  if  she  shni!  die. 
leaving  no  heir  of  her  body  born,  then  1  give,  bequeath  and 
devise  the  said  share,  so  as  aforesaid  given  to  her  and  said  trus- 
tees, unto  my  said  son,  O.  D.  and  his  heirs,  for  eve: . 
Provided,  however,  if  in  the  opinion  of  my  said  trustees,  neces- 
sity requires,  for  personal  comfortable  support  of  my  said  daugh- 
ter, or  of  her  children  during  her  life,  that  the  principal,  or  any 
part  thereof,  of  said  share,  so  in  the  hands  of  said  trustees,  be 
expended,  1  do  hereby  authorise  and  impower  them  to  sell  and 
appropriate  the  same  for  that  purpose.  And  1  do  hereby  r.itify 
and  confirm  my  said  last  will  and  testament,  in  all  thiinrs  wherein 
it  i.s  not  revoked  or  altered  by  this  codicil.  In  witness  whereof 
I  have  hereunto  stl  ;ny  hand  and  seal,  thi=  day  of  A.  D. 
Signed,  sealed,  and  delivered,'**  J.  DOE,  (SEAL.' 
'"'?  presence  of  i 
A.  '  B. 

o.     u.      i 

E.          F.  ) 

.•?  J\~xncupa.ik\:,  or  ferial  Will, 

J'c  H  kiMVvn,    th.'t    John  Doe,  of  in  the  presence  o: 

'j5,  the  subscribers,  on  or  about  the  day  of  at 

verbally  declared  hi;,  Will,  as  follows,  to  wit.  That  he  gave  untu 
his  wife.  Naiicy  Doc,  one  thousand  dollars,  and  to'his  son,  Ran- 
dolph Doc,  tv.  o  thousand  dollars  ;  and  to  the  ecclesi- 
istiral  society  in                   u,-3  a  fund  for  the  support  of  the  gospel 
ministry  therein,  five  hundred  dollars  ;  all  to  be  paid  out  of  hi' 
money  on  hand  ;     ;;nd   that    he   also  gave   his  riding  horse  ami 
c.hai^e  to  his  s;aid  ivife,  for  the  u^e  of   herself,  and  his,  the  said 
Jo!, n  Doe's  mother,  Mary  Doe.       In  witness  whereof,  we  have 
•.i-r>»  otirhnri1 ;  "•!'*!  ~>"<-]s.  thi:.-          dav  of              A.  D. 
A.  '      B.         (SEAL. 
C.         D.         ;s-v/ 


COMPLETE  CONSTABLE: 


CONTAINING 

HIS  OFFICE,  DUTIES  AND  AUTHORITY; 

WITH  THE 

MANNER  AND  FORMS  OF  EXECUTING  THE  SAME, 
ACCORDING  TO  THE 

COMMON  AND  STATUTE  LAWS, 

NOW  IN  FORCE  AND  IN  USE 
IN 

THE  STATE  OF  CONNECTICUT. 


BY  JOSEPH  BACKUS, 

COUNSELLOR  AT  LAW. 


HERTFORD: 
PRINTED  FOR  THE  AUTHOR. 

PETER   B.  GLEASOK   AND  CO.  PRINTER!. 

1812. 
I 


DISTRICT  OF  CONNECTICUT,  TO  WIT: 

BE  it  remembered,  That  on  the  twenty  sixth  day  of  August,  in 
the  thirty  seventh  year  of  the  Independence  of  the  United  States 
of  America,  Joseph  Backus,  of  the  said  district,  hath  deposited  in 
this  office  the  title  of  a  book,  the  right  whereof  he  claims  as 
author,  in  the  words  following,  to  wit : 

"  The  Complete  Constable :  containing  his  office,  duties  and  au- 
thority, with  the  manner  and  forms  of  executing  the  same,  accord- 
ing to  the  Common  and  Statute  Laws,  uow  in  force  and  in  use  in 
the  State  of  Connecticut.  By  Joseph  Backus,  Counsellor  at  Law." 

In  conformity  to  the  Act  of  the  Congress  of  the  United  States, 
intitled,  "  An  Act  for  the  encouragement  of  learning,  by  securing 
the  copies  of  Maps,  Charts  and  Books,  to  the  Authors  and  proprie- 
tors of  such  copies,  during  the  times  therein  mentioned." 
HENRY  W.  EDWARDS, 
Clerk  of  the  District  of  Connecticut 

A  true  copy  of  the  record,  examined  and  sealed  by  me,    • 

H.W.  EDWARDS,  Clk.  of  the  Dist.  of  Connecticut. 


TO  THE  PUBLIC. 


I  HAVE  examined,  at  the  request  of  JOSEPH  BACKUS,  Esq.  a 
manuscript  work  of  his,  entitled,  The  Complete  Constable  ;  con- 
taining the  office,  duties  and  authority,  with  the  manner  and 
forms  of  executing  the  same,  according  to  the  Common  and 
Statute  Laws  now  in  force  and  in  use  in  the  State  of  Connecti- 
cut. The  work,  whicli  consists,  principally,  in  a  compilation 
of  rules,  selected  from  the  Statute  Laws  of  Connecticut,  books 
of  Reports,  and  Treatises  of  approved  authority,  embodies  and 
presents,  under  one  title,  a  collection  of  valuable  rules  of  prac- 
tice, which  I  have  uot  found  digested  in  any  other  work.  It 
will  be  useful,  in  my  opinion,  not  only  to  the  magistrates  and 
ministerial  officers  of  the  State,  but  to  gentlemen  of  the  bar ; 
and  more  especially  to  such,  as  cannot  conveniently  purchase 
Mr.  Backus'  large  work  on  the  Offices  and  Duties  of  Sheriff",  Cor- 
oner and  Constable. 

JAMES   GOULD. 

Litfhfield,  My  3,  1819. 


TABLE  OF  CONTENTS. 


CHAPTER  I.  page. 

Appointment  and  duty,  :  :  :  :         9 

CHAPTER  II. 

Criminal  process  and  service,  :  :  :       33 

CHAPTER  III. 
Civil  process  and  service,        :  :  :  :        39 

CHAPTER  IV. 

Bail,  bail  bonds  and  promises,  :  :  :       54 

CHAPTER  V. 
Execution,        ::::::       57 

CHAPTER  VI. 
Rescous,  ::::::       72 

CHAPTER  VII. 
Escape,  ::::::       75 

CHAPTER  VIII. 

Return  of  process,         :         :  :          :  :       79 

CHAPTER  IX. 
Actions,  ::::::       84 

CHAPTER  X. 
Fees,     :::::::       91 

CHAPTER  XI. 

Forms  of  bail  bonds,  &c.         :  :  :  :        92 

CHAPTER  XII. 

Returns  of  original  process,    :  :  :  :       95 

CHAPTER  XIII. 

Returns  of  execution,  :  :          :  :     103 

CHAPTER  XIV. 
Receipts,          ::::::      115 

CHAPTER  XV. 

Ex-officio  returns,       :          :  :  :  :      117 

CHAPTER  XVI. 

Informations,    :  :  :  :  :  :     123 

CHAPTER  XVII. 

Deed  of  land  sold  by  Constable  on  distress  warrant,       127 


COMPLETE  CONSTABLE 


CHAPTER  I. 
APPOINTMENT  AND  OFFICE. 


STABLES  are  officers  of  very  great  antiqui-  The  antiqui- 
ty. They  were  known  in  most  countries  of  Europe  ^^  the 
many  ages  before  the  migration  of  our  ancestors  to 
America.  In  England,  they  were  well  known  to  the 
common  law,  anterior  to  the  date  of  any  statute  in  be- 
ing wherein  they  are  mentioned.  The  language  of 
the  statute  of  Winchester  the  First,  in  which  the  office 
is  named,  is  not  that  of  constituting  a  new  office,  but 
of  recognizing  one  then  well  known.  So  early  as  the 
days  of  king  Alfred,  he  directed  the  appointment  of 
constables  to  be  made  by  election  in  popular  assemblies 
called  Hundreds  and  Tithings,  not  very  unlike  Con- 
necticut town  and  society-meetings,  (a) 

In  Connecticut,  constables  must  be  chosen  by  each   How  ap- 
town  annually  in  the  month  of  November  or  Decem-   g^ecticut 

and  must  be 

(a)  Lamb.  Con.  8.      2  H.  P.  C.  61.     1  Black.  Com,  355. 
1  Burn's  Jus.  362 

13 


10  COMPLETE  CONSTABLE. 

CHAP. I.  her  in  legal  town  meeting ;  and  be  sworn  to  a  faithful 
^General'  discharge  of  their  office  by  some  assistant  or  justice  of 

duties.  the  peace,  or  in  towns  when  there  is  no  such  authority, 
by  the  town  clerk  thereof,  before  the  first  day  of  Jan- 
uary next  ensuing  such  election  in  each  year.*  The 
oath  prescribed  is  in  the  form  following,  viz.  (b) 

Q,^  "  You  A.  B.  swear  by  the  ererliving  God,  that  for 

the  year  ensuing,  and  until  new  be  chosen  and  sworn, 
you  will  faithfully  execute  the  place  and  office  of  Con- 
stable for  and  within  the  town  of  H.  and  the  limits 
thereof ;  and  that  you  will  preserve  ilie  public  peace  of 
the  said  place  and  cf  this  State,  and  will  do  your  best 
endeavours  to  see  all  watches  and  wards  executed  and  du- 
ly attended,  and,  obey  and  execute  all  lawful  commands 
and  warrants  that  come  from  any  magistrate  or  magis- 
trates, justice  of  tlic  peace  or  court ;  and  execute  all 
such  orders  of  coitrt  as  shall  be  committed  to  your  care 
according  to  your  best  skill.  So  help  you  GOD."  (c) 

Any  man,  able  in  person  to  execute  the  office,  and 
not  oppressed  by  such  choice,  while  others  are  unjust- 
ly exempted,  who  when  so  chosen  refuses  to  serve 
and  take  the  oath  prescribed,  forfeits  to  the  treasurer 
of  the  town  the  sura  of  live  dollars.  (</) 

It  is  worthy  of  remark,  that  the  Constable's  oath 
is  the  same  with  the  addition  of  two  words  "  and 
sworn,"  which  was  adopted  in  the  first  organization  of 
the  colony  ;  (c}  and  is  taken  from  the  constable's  oatli 
then  in  use  in  England,  and  binds  to  duties  concerning 
which  there  has  at  no  time  been  any  statute  in  Con- 
necticut. To  understand  what  is  meant  by  these 
words,  viz.  "  to  see  all  watcJies  and  wards  executed  and 
duly  attended,"  we  must  have  recourse  to  the  laws 

*  See  1  Root  83.  135.  (*)  1  Burn's  Jus. 538. 

(c)  1  Stat.  191. 649.  651.  (rf)  Ibid,  639,  650. 

(e)2did.  538. 


COMPLETE  CONSTABLE. 


CHAP.!. 


duties. 


then  recognized,  though  not  enacted  in  the  colony. 
The  English  statute  of  Winchester  enjoins  it  upon 
constables,  to  keep  watch  and  ward  in  their  respective 
jurisdictions.  Ward,  signifying  the  same  as  guard,  is 
chiefly  applied  to  the  day  time,  in  order  to  apprehend 
rioters  and  robbers  on  the  highways:  The  manner  of 
doing  which,  is  left  to  the  discretion  of  the  justices  of 
the  peace  and  the  constables.  Watch  is  properly  ap- 
plicable to  the  night  only,  and  begins  at  the  time 
when  the  ward  ends,  and  ends  when  that  begins  ;  for 
by  the  same  statute  of  Winchester,  watch  must  be  kept 
in  every  borough  and  town,  especially  in  the  summer 
season,  to  apprehend  rogues,  vagabonds,  and  night- 
walkers  ;  and  make  them  give  an  account  of  them- 
selves. The  constable  may  appoint  watchmen  at  his 
discretion,  regulated  by  the  custom  of  the  place  ;  and 
these  being  his  deputies  have  for  the  time  being  the 
authority  of  their  principal,  (g) 


The  original  institution  of  the  office  of  constable 
was  for  the  better  preservation  of  the  peace.  Each 
Constable  in  the  town  whereto  he  belongs,  has  full  pow- 
er to  conserve  the  peace,  and  with  force  and  strong 
hand,  when  necessity  requires,  to  suppress  all  tumults,  Must  sup- 
riots,  routs  and  other  unlawful  assemblies  ;  and  to  ap- 
prehend without  warrant,  all  such  as  he  shall  find  so 
in  the  disturbance  of  the  peace,  and  cause  them  to  ap- 
pear before  the  next  assistant  or  justice  of  the  peace, 
to  be  further  dealt  with  according  to  law.  (ft)  And 
whenever  three  or  more  persons  shall  have  assembled 
together,  to  the  intent  to  do  an  unlawful  act  by  force 
and  violence,  against  the  person  of  another  ;  to  kill, 
beat  or  otherwise  to  hurt  him  ;  or  against  his  possession 
or  goods  ;  as  to  break  open  or  pull  down  any  house  or 
fence  Avrongfully  ;  or  to  do  any  other  unlawful  ;>ct 
with  force  and  violence,  against  the  peace,  or  to  tlu: 


As  a  conser- 
vator of  the 
peace. 


press  riots. 


(g-)  1  Black.  Com.  356,  357. 


(A)  1  SW.  £39,  GO;. 


2  COMPLETE  CONSTABLE. 

CHAP.  I.  manifest  terror  of  the  people.  It  is  made  the  duty  of 
V7^nse7a7'  every  constable,  as  well  as  of  every  justice  of  the  peace 
duties.  and  select-man,  being  informed  of  such  unlawful  and 
riotous  assembly,  immediately  to  repair  to  the  place 
where  such  assembly  is  collected,  or  as  near  as  he  can 
safely  come  to  such  rioters,  and  there  with  an  audible 
voice  command  or  cause  to  be  commanded  silence, 
•whilst  proclamation  is  making  ;  and  proclamation  be- 
ing made,  he  must  openly  and  with  an  audible  voice 
make  or  cause  to  be  made  proclamation,  in  manner 
following  or  in  words  to  the  like  effect,  viz.  "  In  the 
name  and  by  the  authority  of  the  State  of  Connecticut,  I 
charge  and  command  all  persons  assembled  immediately 
to  disperse  themselves,  and  peaceably  to  depart  to  their 
habitations  or  to  their  lawful  business,  upon  the  penalties 
contained  in  the  act  or  law  of  this  State,  entitled  An  Act. 
for  preventing  and  punishing  riots  and  rioters." 

If,  after  proclamation  so  made,  such  persons  so 
unlawfully  and  riotously  assembled  do  not  disperse 
themselves,  every  constable  as  well  as  every  justice  of 
the  peace  and  select-man,  and  all  other  persons  by  them 
commanded  to  assist,  may  seize  and  apprehend  the 
persons  so  unlawfully  and  riotously  continuing  to- 
gether, and  forthwith  carry  the  persons  so  apprehend- 
ed before  some  assistant  or  justice  of  the  peace,  to  be 
dealt  with  as  the  law  directs.  And  if  any  of  the  per- 
sons eo  unlawfully  and  riotously  assembled,  happen 
-to  be  killed  or  maimed  in  dispersing  or  apprehending, 
or  in  endeavoring  to  disperse  or  apprehend  them,  by 
reason  of  their  resisting  the  persons  so  dispersing,  or 
endeavouring  to  disperse  them,  every  such  constable 
and  all  and  singular  persons,  being  aiding  and  assisting 
to  them  or  any  of  them,  shall  be  freed,  discharged  and 
indemnified,  as  well  against  the  public  as  against  all 
and  every  person  or  persons  whatsoever,  of,  for,  or  con- 
cerning the  killing,  maiming  or  hurting  any  such  per- 


COMPLETE  CONSTABLE.  13 

sou  or  persons  so  unlawfully  arid  riotously  assembled,       CHAP.  I. 
who  may  happen  to  be  so  killed,  maimed  or  hurt.  (?')       ^GeiTral^ 

duties. 

Every  constable  must  duly  receive  all  hue-and-cries,  Raise  nue- 
and  the  same  diligently  pursue  to  full  cfiect  :  such  as  and-cry,£c. 
are  granted  and  sent  after  capital  offenders  at  the  cost 
and  charge  of  the  State ;  but  such  as  are  taken  out  by 
particular  persons  in  their  own  cases,  at  their  cost  and 
charge  :  and  may  put  forth  pursuits  and  hue-and-cries 
after  murderers,  peace-breakers,  thieves,  robbers,  bur- 
glarians  and  other  capital  offenders,  Avhcre  no  magis- 
trate or  justice  of  the  peace  is  at  hand  ;  anJ.  without 
warrant  apprehend  such  as  are  guilty  of  drunkenness, 
profane  swearing,  sabbath  breaking,  vagrant  persons, 
unseasonable  night  walkers  or  any  others  who  shall 
offend  in  any  of  these,  if  taken  in  the  act,  either  by 
the  sight  of  the  constable  or  present  information  of 
others  ;  and  may  make  search  for  all  such  persons, 
either  on  the  sabbath  or  other  days  when  there  shall 
be  occasion,  in  taverns  or  other  suspected  places  or 
houses,  and  offenders  apprehend  and  keep  in  safe  cus- 
tody till  opportunity  serves  to  bring  them  before  the 
next  assistant  or  justice  of  the  peace  for  further  exami- 
nation, in  order  to  their  being  proceeded  against  ac- 
cording to  law.  Cj) 

Every  constable  may  by  the  common  law,  arrest  all    ^j     arrest 
felons  and  all  suspicious  persons  who  are  abroad  in  the    felons, 
uight  and  sleep  by  day,  or  resort  to  bawdy  houses,  or 
keep  suspicious  company ;  (fy  and  is  bound  at  his  per- 
il, to  endeavour  to  part  an  affray,  in  his  presence,  not 
only  by  doing  his  utmost  himself,  but  also  by  com- 
manding the  assistance  of  others,    which  they   are 
bound  to  give  him  under  pain  of  fine  and  imprison- 
ment. (Z)     If  he  see  persons  actually  engaged  iu  an 
affray,  whether  the  violence  be  done  or  offered  to  an- 

(*)  1  Scat.  575,  576,  577.  (f)  Ibid.  191. 

(£)  2  H.  P.  C,  61,  62.  (/)  3  Just.  158. 


4  COMPLETE  CONSTABLE. 

CHAP.  I.       other,  or  to  himself,  or  if  any  man  shall  threaten  to 
VQ^e7al'     kill,  beat  or  hurt  another,  or  shall  be  in  a  fury  ready 
duties.         to  break  the  peace,  he  may  either  carry  the  offender 
before  a  justice  of  the  peace,  or  detain  him  himself  a 
reasonable  time,  till  the  heat  be  over  ;  and  in  England 
may  take  a  bond  of  him  that  he  will  keep  the  peace:  (m) 
But  it  seems  he  has  no  power  to  commit  the  offender 
in  any  other  manner,  nor  to  imprison  him  for  any  oth- 
er purpose  ;  for  he  cannot  commit  him  to  gaol  until 
he  shall  be  punished  ;  neither  ought  he  to  lay  hands 
on  those  who  contend  with  words  Avithout  any  threats 
or  personal  hurt ;  but  all  he  can  in  such  case  do  is  to 
command  them  under  pain  of  imprisonment  not  to 
fight,  («)     Notwithstanding  it  is  said  that  a  constable 
may  take  surety  of  the  peace  by  bond,  it  is  most  ad- 
riseable  to  carry  the  offender  before  a  justice  of  the 
peace,  when  it  can  be  done  :  But  in  no  case  can  a  con- 
stable require  surety  of  the  peace,  unless  the  offence 
be  committed  in  his  presence  and  view  :  And  whenever 
he  takes  such  bond,  it  must  be  in  his  own  name  as 
constable,  and  by  him  be  certified  and  returned  to  the 
next  court  of  general  sessions  of  the  peace,  (o)     If  a 
felony  be  in  fact  committed,  a  constable  may  ex  officio 
arrest  and  imprison  the  felon,  till  he  can  be  conven- 
iently conveyed  to  a  justice  of  the  peace  or  the  com- 
mon  gaol ;  and  it  is  immaterial  whether  the  felony 
were  committed  in  the  same  town  whereof  he  is  con- 
stable.    To  make  such  arrest  he  may  break  open 
doors  to  take  the  felon,  if  the  felon  be  in  the  house, 
and  the  constable  is  denied  entry  after  demand  and 
notice  of  the  cause  of  his  demand.     And  if  in  attempt- 
ing so  to  make   an  arrest,   the  constable  or  any  who 
come  to  his  assistance  be  killed,  after  competent  notice 
of  the  cause  of  his  coming,  (k)  it  is  murder.     And  if 
the  felon  resit  and  cannot  be  taken,  whether  it  be  af- 

(tfz)  Dalt.  Just.  38.          (n]  1  Bac.  Abr.  44.   1  //.  P.  C.  268. 
(o)  Cro.  Etiz.  875,  S76,    (£)  5  Co.  91. 


CHAP.  I. 


General 

duties. 


COMPLETE  CONSTABLE.  15 

ter  the  arrest  or  before,  the  killing  of  the  felon  who 
cannot  be  otherwise  taken,  is  no  felony.  Nor  is  it  ma- 
terial whether  the  constable  saw  the  felony  committed, 
or  hath  it  only  by  complaint  and  information  ;  for  as 
well  in  one  case  as  the  other  he  is  bound  to  apprehend 
the  felon,  and  to  make  search  after  him  within  the 
limits  of  his  jurisdiction,  and  to  raise  hue-and-cry 
upon  him  ;  and  the  law  gives  him  protection  in  the 
execution  of  his  office,  and  will  never  punish  him  in 
the  necessary  pursuit  of  what  it  enjoins  upon  him.  (/) 

Though  for  felony,  or  suspicion  of  felony,  a  consta- 
ble may  break  the  house  to  apprehend  the  felon,  yet, 
if  the  suspicion  arises  in  the  mind  of  a  third  person 
and  is  by  him  communicated  to  the  constable,  he  must 
accompany  the  constable  and  be  present  at  the  break- 
ing, for  the  justification  of  the  constable  must  be,  that 
he  did  aid  the  person  suspecting,  in  taking  the  party 
suspected.  If  a  man  and  woman  be  in  iucontinency 
together,  a  constable  may  in  England,  take  the  neigh- 
bours and  arrest  and  commit  them  to  prison,  to  find 
sureties  for  their  good  behaviour,  (j)  If  an  affray  be  Affray, 
in  a  house,  the  constable  may  break  open  the  doors  to 
preserve  the  peace,  and  if  the  afirayers  fly  into  anoth- 
er house  and  the  constable  freshly  follow,  he  may 
break  open  the  doors  to  take  them,  (r) 

But  he  cannot  of  his  own  authority  compel  a  maa 
to  find  sureties,  who  is  delivered  into  his  hands  as  ha- 
ring  broken  the  peace  in  his  absence,  but  must  carry 
him  before  a  magistrate  ;  nor  can  he  arrest  a  man  for 
an  affray  out  of  his  view,  without  a  warrant  from  a 
justice  of  the  peace.  (*) 

If  a  constable  see  a  person  expose  an  infant  in  the 

(/)  2  H.  P.  C.91.  (g)Ibid.B9. 

(r)  Dalt.  Just.  38.    1  Root  66. 

(*)  2  H.  P.  C.  92. 135.    Lamb.  133.    Cro.  Ellz,  375, 


?G  COMPLETE  CONSTABLE. 

CHAP.  I.  street,  who  refuses  to  lake  it  away,  the  constable  may 
General  kwfclH^  apprehend  and  detain  such  person  till  he  or 
duties.  she  will  lake  care  of  such  infant,  (t) 

A  constable  may  not  without  a  warrant  take  a  per- 
son into  custody  for  a  mere  assault,  unless  he  be  pres- 
ent at  the  time  and  interposes  with  a  view  to  prevent 
a  breach  of  peace  ;  but  if  an  affray  has  happened  and 
a  blow  or  wound  has  been  received,  likely  to;eud  in  a 
felony,  that  will  authorize  the  constable  to  take  the 
party  into  custody  without  a  warrant ;  but  in  such  case 
it  should  appear  that  there  was  ground  and  foundation 
for  such  a  supposition,  that  a  felony  was  likely  to  en- 
sue. It  ought  to  be  a  reasonable,  sufficient  and  satis- 
factory ground  of  belief,  that  a  felony  would  probably 
ensue,  to  justify  the  constable.  For  if  the  grounds  be 
frivolous,  such  as  by  his  owr  conduct  it  appears  he 
hardly  credited,  (as  if  he  enlarge  the  prisoner  on  a  per- 
son's becoming  bound  for  his  appearance,)  he  will  be 
liable  for  false  imprisonment,  if  he  proceed  in  the  ar- 
rest. («)  But  if  a  regular  charge  of  theft  be  made  be- 
fore a  constable  by  a  third  person,  the  constable  is  by 
law  warranted  in  arresting  the  party  charged.  He 
may,  if  he  pleases,  use  his  own  discretion  and  exercise 
his  own  judgment  on  the  charge,  and  if  in  so  doing  ho 
is  guilty  of  no  collusion  Avith  design  to  oppress  and  im- 
prison a  person  wrongfully,  he  will  not  be  liable  in 
false  imprisonment,  (w)  But  no  person  can  act  as  con- 
stable and  enjoy  the  immunities,  rights  and  privileges 
belonging  to  that  office,  until  he  has  been  duly  sworn 
into  it.  (?y) 

Sabbath  A  constable  may  without  warrant,  apprehend  and 

breaker*         carry  before  the  next  assistant  or  justice  of  the  peace, 

all  persons  unnecessarily  travelling  on  the  Lord's  day, 

if  such  constable  is  himself  witness  to  such  transgres- 

(/)  2  H,  P.  C.  77.  («)  2  'Esfl.  Refi.  540,  541. 

(v)  4  Ibid.  80,  81.  ( w)  5  Ibid.  41. 


COMPLETE  CONSTABLE.  IT 

sion,  or  has  present  information  of  it  from  others  :  And       CHAP.  I. 
whrn  any  constable  receives   a  warrant  from  lawful     V"General' 
authority  for  apprehending  any  person  for  so  trans-         duties. 
gressing,  such  officer  may  pursue  and  apprehend  such 
person  any  where  withiu  the  jurisdiction  of  the  au- 
thority granting  the  warrant,  (.r) 

All  constables  may,  and  from  lime  to  time  must 
make  diligent  search  throughout  the  limits  of  their 
towns  upon  the  Lord's  day,  and  at  all  other  times  as 
often  as  they  are  informed  or  see  cause,  for  such  offen- 
ders as  lie  tippling  at  any  inn,  house  of  entertainment, 
or  private  house,  excessively  or  unseasonably ;  and  af- 
ter such  as  retail  strong  drink  without  licence  ;  and  al- 
so warn  all  those  who  frequent  taverns  and  spend  their 
time  there  idly,  to  forbear  ;  and  also  warn  all  per- 
sons who  keep  such  houses  not  to  suffer  any  such  tip- 
plers, idle  persons,  &c.  in  them  :  And  must  make 
due  presentment  of  all  breaches  of  Jaw  coming  within 
their  kaowledge,  to  some  authority  proper  to  receive 
the  same,  once  in  every  month  :  And  if  upon  due  in- 
formation any  constable  shall  refuse  to  make  such 
seizure,  (arrest)  and  presentment,  and  be  thereof  legal- 
ly convicted,  he  must  pay  a  fine  of  eighty-four  cents 
to  the  treasury  of  the  town  whereto  he  belongs.  («/) 

When  any  disorders  punishable  by  law  are  commit-    To  assist  in 
ted  in  any  freeman's  meeting,  town  meeting,  society    keeping  or- 
meeting,  proprietor's  meeting,  or  in  any  meeting  of  llfeethig^' 
any  other  community  lawfully  assembled,  the  presi- 
ding officer,  or  moderator  of  such  meeting,  as  the  case 
may  be,  may  order  any  constable  to  take  the  offender 
or  offenders  into  custody,  and  to  hold  him  or  them, 
and  if  need  be  to  remove  him  or  them  out  of  such 
meeting  until  lie  or  they  shall  conform  to  order,  or  u.i- 
lil  such  meeting  be  closed  ;  and  such  constab'e  in.-. . 
r-jmmand  all  necessary  assistance  of  suitable  person-- 

(r-)  i.Sw.r.ai.  ftv)  Ibid.  192. 


8  COMPLETE  CONSTABLE. 

CHAP.  I.  to  aid  him  in  conserving  the  peace  and  suppressing  of 
General  r^°^s-  (%)  And  whenever  any  constable  finds  it  ne- 
cessary to  the  due  execution  of  his  office,  he  may  at 
his  discretion,  within  the  limits  of  his  jurisdiction, 
command  the  aid  and  assistance  of  suitable  persons, 
such  as  he  shall  deem  proper,  and  any  person  of  suffi- 
cient age  and  ability,  who  being  so  commanded,  shall 
refuse  or  neglect  to  aid  such  constable  according  to  his 
ability,  being  thereof  convicted,  shall  forfeit  one  dollar 
and  sixty-seven  cents  ;  and  if  such  refusal  to  assist  such 
cor.st  ible  be  wilful,  obstinate  or  contemptuous,  he  shall 
forfeit  and  pay  to  the  use  of  the  town  where  the  of- 
fence is  committed,  seven  dollars.  And  if  any  consta- 
ble upon  urgent  occ  tsiou  shall  refuse  to  use  his  best 
endeavours  in  raising  and  prosecuting  hue-and-cries  ei- 
ther on  foot  or  by  horse  (if  need  be)  after  capital  of- 
fenders, he  shall  forfeit  the  sum  of  seven  dollars  to  said 
treasury,  (a) 

The  powers  and  duties  of  constables  thus  far  descri- 
bed, arc  such  as  he  may  execute  without  warrant :  But 
the  legislature  have  thought  fit,  that  in  such  execution 
he  should  carry  with  him  evidence  prima  facie  that  he 
is  a  constable,  and  have  enacted  that  every  constabl? 
in  the  Stale  shall  be  furnished  with  a  black  staff  ha- 
ving a  head  with  the.  arms  of  the  State  thereon,  which 
staff  he  must  carry  on  proper  accasions  as  a  token  or 
badge  of  his  office.  (6)  What  those  proper  occasions 
are  the  legislature  have  not  defined ;  .but  it  may  be 
presumed  that  they  inclucfb  extraordinary  occasions  cl 
performing  the  duties  of  a  peace  officer,  and  that, 
though  without  such  badge  he  can  in  ordinary  cases 
execute  the  duties  of  his  office,  it  is  adviseable  for  him 
to  carry  it  on  days  of  public  concourse  and  danger  of 
tumult.  This  staff  must  be  provided  by  the  select- 
men of  each  town  at  the  charge  thereof,  t'.mlcr  the 

(z)  1  Slat.  493.  (a)  Ibid.  599.  GOO.  IP2. 

(h}  Ibid.  132. 


COMPLETE  CONSTABLE. 

penalty  of  eighty-fmir  cents  for  each,  month's  neglect,      CHAP.  I. 
one  half  to  the  prosecutor  and  the  other  to  the  town       Genera! 
treasury,  (c)     When  any  constable  is  employed  by,  or       duties. 
commanded  by  a  magistrate  or  justice  of  the  peace  to 
apprehend  or  arrest  any  person  or  persons,  the  consta- 
ble may  not  do  it  without  a  warrant  in  writing.  (</) 

Constables  of  the  towns  in  which  the  General  As- 
sembly is  at  any  time  in  session,  are  by  long  establish- 
ed custom  employed  as  door-keepers  and  messengers 
to  the  House  of  Representatives :  And  in  the  absence 
of  the  sheriff  and  his  deputies  in  any  Superior  or  Coun- 
ty Court,  a  constable  of  the  town  in  AV  hich  the  court  is 
holden  is  often  by  the  court  authorized  to  act  as  the 
sheriff's  substitute  in  the  immediate  business  of  such 
court. 

The  constable  is  the  proper  officer  to  a  justice  of   Constable 

the  peace,  and  is  bound  to  execute  his  warrants  :  and    the   proper 

,      f  ,  .  .   ,  officer  to   a 

when  a  lawful  warrant  issued  by  a  justice  of  the  peace   justice  of  the 

and  directed  to  a  constable,  is  delivered  to  him  for  ex-  Peace  J0.  ex' 
ecution,  he  is  indictable  for  disobeying  it.  (e]  As  the  warrants. 
office  is  altogether  minister!..],  it  follows  upon  princi- 
ple, that  he  may  execute  such  warrant  by  deputy  ;*. 
but  in  practice  it  is  not  admitted,  unless  in  special  ca- 
ses ;  such  as  the  sickness  or  absence  of  the  constable 
or  the  like,  when  he%annot  perform  the  service  in  his 
own  person,  (f)  If  a  warrant  be  directed  generally 
to  all  constables,  no  one  can  execute  it  out  of  his  own 
precincts;  but  if  it  be  directed  to  a  particular  consta- 
ble by  name  ant!  office,  and  issue  for  any  criminal  of- 
fence within  the  jurisdiction  of  the  justice  who  issues 
the  warr.-iiit,  the  constable  so  named  may  execute  it 
any  where  in  tb«  Statr.  (g-)  A  sworn  constable  in  ex- 
ecuting a  warrant  need  not  show  it  to  the  party,  al- 

(c)  1  Stat.  192.  (rf)  Ibid  192. 

(0  5  Mod.  130.  1  Salk.  175.  331.  2  Root  Reji.  78. 

*  See  2  H.  P.  C.  88    Tha'.a  constable  may  act  by  de/mly. 

(f)  \  Rat.  Abr.  443.      '.§•)  1  Salk.  176,  378.  1  Stat.  423. 


!»  COMPLETE  CONSTABLE. 

CHAP.  I.  though  he  demand  a  sight  of  it  ;  but  in  ranking  an  ar- 
^  ,  ,  .  rest  he  ought  to  acquaint  him  with  the  substance  of 
duties.  it.  (ft)  An  unlawful  arrest  without  a  warrant,  cannot 
be  made  good  by  a  warrant  taken  afterwards.  (?)  If 
a  constable  after  having  arrested  the  party  suffers  him 
to  go  at  large  on  his  promise  to  return,  the  constable 
cannot  by  virtue  of  the  same  warrant  arrest  him  3g  'in  ; 
but  if  the  party  voluntarily  returns  into  custody,  the 
constable  may  detain  and  bring  him  before  the  justice, 
in  pursuance  of  the  same  warrant.  (J)  A  constable 
cannot  justify  an  arrest  by  virtue  of  a  warrant  from  a 
justice  of  the  peace,  which  clearly  appears  on  the  face 
of  it.  to  be  for  an  offence  whereof  a  justice  of  the  peace 
hath  no  jurisdiction,  nor  to  bring  the  party  before  him 
at  a  place  out  of  the  county  for  which  he  is  a  jus- 
tice, (k)  It  is  not  material  whether  the  party  arrest- 
ed by  virtue  of  a  warrant  from  a  justice  of  the  peace, 
be  guilty  or  innocent;  or  Avhether  the  felony,  &c. 
•were  actually  committed  or  not ;  if  the  warrant  be 
good  on  the  face  of  it,  the  constable  may  justify  under 
it.  (/)  If  a  const  >ble  is  assaulted  iu  the  execution  of 
his  office,  he  need  not  retreat  to  the  wall  as  a  private 
person  ought  to  do  ;  and  if  in  striving  together  the 
constable  kill  the  assailant  it  is  no  felony  ;  but  if  the 
constable  be  killed  it  must  be  considered  premeditated 
murder,  (m)  If  a  constable  come  to  appease  a  sud- 
den affray  in  the  day  time,  in  die  town  whereof  he  is 
constable,  it  seems  every  man  is  bound  to  t-ike  notice 
that  he  is  constable,  because  he  is  chosen  and  swcrn  in 
public  town  meeting,  of  which  all  the  inhabitants  are 
presumed  to  have  knowledge;  but  not  so  iu  the  night, 
unless  there  be  some  notification  of  his  being  constable  ; 
but  whether  it  be  day  or  night  it  is  sufficient  notice, 
if  he  declare  himself  lo  be  constable  or  command  the 

(A)  6  Co.  54.   9  Ibid.  69          (i)  Dyer  244, 

(f)  Dolt.  Jus.  c.  117.       H.  P.  C.  81.     Cromjit.  148. 

(*)  I  Bac.  Mr.  242.  (/)  Ibid. 

(m)  10  Co.  63.     1  H.  P.  C.  129.  10'      Ibid.  494. 


COMPLETE  CONSTABLE. 


21 


peace  in  the  name  of  the  State,  and  the  like,  for  any      CHAP.  I. 
who  coine  to  his  assistance.  (»)     And  if  upon  any  at-     ^GeneraV 
fray  made,  the  constable   and  others  in  his  assistance       duties. 
come  to  suppress  it,  and  to  preserve  the  pcnc«,  and  in 
doing  their  office,  the  constable  or  any  of  his  assistants 
be  killed,  it  is  murder;  although  the  murderer  knew 
not  the  party  killed,  (o)     And  those  v.  ho  come  in  r.s- 
assistance  of  the  constable-,  whether  called  by  him  or 
aot,  are  entitled  to  like  protection  of  the  law.  (y) 

By  the  ancient  common  law,  constables  acted  as  in-    Informing 
forming  officers,  and  m^de  presentments  of  minor  of-    officers, 
fences  inquirable  of  in  the  sheriff's  lorns  and  courts  leet, 
two  courts  held  by  the  sheriff  in  which  small  offences 
were  tried,  (q)     Our  statute  extends  their   duty  in 
that  respect  to  all  breaches  of  the  law  coming  within 
their  knowledge,  (r) 

Every  constable  within  his  town,  has  full  power  and  ;r;0  sei«Ve 
authority  to  serve  and  execute  all  lawful  writs  to  him  a"d  execute 
directed  and  coming  from  lawful  authority  ;  and  may 
execute  the  office  of  water-bailiff;  and  must  receive 
all  manner  of  writs  in  any  place  within'his  town,  and 
at  all  times,  (the  Lord's  day,  fast  and  thanksgiving 
days  excepted,)  wheresoever  and  whensoever  they  are 
tendered  to  him,  and  must  execute  the  same  and  make 
return  according  to  the  directions  therein  given  :  And 
any  person  may  demand  of  the  constable  to  whom  he 
delivers  any  writ  to  give  a  receipt  therefor  under  his 
hand,  wherein  the  names  of  the  parties,  the  sum  or 
thing  demanded,  the  dale  of  the  writ  and  of  its  deliv- 
er)7, shall  be  contained  vithout  taking  any  thing  there- 
for ;  and  on  his  refusal,  others  present  may  set  to  then- 
hands  as  witnesses  to  such  deliver}'.  And  if  such 
constable  shall  not  execute,  or  shall  neglect  to  make  a 


(n)l  H.P.C.  461. 

CM  Ibid. 

<»  1  Slat.  192- 


Co)  4  Co.  40.     1  H.  P.  C.  463. 
jfj  Dall.  &htr>  368. 


22  COMPLETE  CONSTABLE. 

CHAP.  I.  return  thereof,  or  shall  raalce  a  false  or  undue  return., 
SGenera7'  on  complaint  thereof,  the  court  or  justice  may  enquire 
duties.  thereof  by  the  evidence  produced ;  and  if  he  be  found 
in  default,  the  court  or  justice  may  set  a  suitable  fine 
upon  him  and  award  damages  to  the  party  aggrieved, 
having  respect  unto  the  quantity  and  quality  of  the 
action,  and  the  peril  that  might  have  happened  to  him 
by  the  delay  suffered  ;  which  process  must  be  served 
at  least  fourteen  days  before  the  sitting  of  the  court 
wherein  it  is  to  be  tried.  And  whenever  any  consta- 
ble is  sued  for  not  executing  any  writ  of  execution  de- 
livered to  him  to  be  executed,  no  appeal  can  be  allow- 
ed, if  a  receipt  in  writing  were  demanded  or  received 
of  such  constable  for  such  writ  of  execution  at  the 
time  of  the  delivery  thereof :  But  if  sijch  officer  be 
complained  of  or  sued  before  an  assistant  or  justice  of 
the  peace,  for  not  executing,  or  for  making  a  false  or 
undue  return  of  any  writ  of  execution  granted  by  an 
assistant  or  justice  of  the  peace,  on  the  confession  of 
the  debtor,  either  of  the  parties  in  such  complaint  or 
suit  may  appeal  from  the  judgment  of  such  assistant 
or  justice  to  the  next  County  Court  in  the  same  coun- 
ty.  („) 

No  action  or  suit  either  in  law  or  equity,  can  be 
brought  or  maintained  against  any  constable  for  any 
neglect  or  default  of  such  constable  in  his  office  and 
duty,  but  within  two  years  next  after  the  right  of  ac- 
tion accrues,  saving  that  infants  and  femes  covert  may 
bring  such  action  at  any  time  within  t  wo  years  after 
any  such  infant  arrives  at  full  age,  and  any  such  feme 
covert  becomes  discovert,  (w) 

An  officer  may  serve  a  writ  iu  favour  of,  or  against 
the  town  of  which  he  is  an  inhabitant,  (x)  If  bond 
for  prosecution  has  been  given  on  any  \vrit  by  the  offi- 

(v)  1  Stat.  600,  601.  O)  Itfd.  460,  461. 

(.r)  1  Root,  175. 


COMPLETE  CONSTABLE.  28 

cer  only    who   serves  the   writ,  yet    the  service    is     CHAP.  I. 

§ood-  foO  ^G^l 

duties. 

The  civil  authority,  select-men,  corstables,  and  Appoint- 
grand  jurors  in  the  several  towns,  must  some  time  in  went  Of  ju- 
the  month  of  January  in  each  year,  meet  ami  choose 
jurors  to  serve  in  the  several  Superior  and  County 
Courts,  as  they  may  be  respectively  required.  When 
so  chosen,  the  name  of  each  respective  juror,  must  by 
the  town  clerk,  be  written  on  a  piece  of  paper  by  it- 
self, and  be  put  iulo  a  box  with  a  lock  to  it  by  such 
town  provided,  which  box  must  be  locked  up  and  kept 
in  the  hands  of  such  clerk,  that  the  names  may  be 
drawn  as  by  law  is  required,  (a) 

Whenever  the  clerk  of  any  Superior  or  County  Court,  To  serve  ju- 
issues  n  warrant  directed  to  either  of/the  constables  of  iy  wairan 
any  town  in  the  county  in  which  the  court  is  to  be 
holden,  to  summon  and  warn  so  many  able,  judicious 
and  lawful  freeholders  of  the  towns  as  the  warrant 
directs,  to  attend  and  serve  as  jurors  at  such  court,  the 
constable  of  such  town,  who  receives  such  warrant  so 
to  him  directed,  must  repair  to  the  office  of  the  town 
clerk  of  the  same  town,  and  in  his  presence,  (or  in  his 
absence,  in  the  presence  of  one  of  the  select-men  or  of 
a  justice  of  the  peace,)  draw  out  of  the  box  wherein 
Are  the  names  of  the  persons  appointed  to  serve  as 
jurors  for  that  town,  the  number  his  warrant  directs 
him  to  summon,  without  seeing  the  names  he  draws 
before  he  draws  them  :  And  having  so  doae  must  then 
proceed  to  summon  the  men  for  jurors  whose  names  he 
has  so  drawn.  But  if  any  or  all  the  men  whose  namcB 
are  thus  drawn,  are  at  the  time  from  home,  or  are  sick 
or  otherwise  unavoidably  hindered  from  attending  such 
com t,  Ins  or  their  names  must  be  returned  into  sai<i 
l>o:c,  and  another  or  others  drawn  and  summoned  Jr. 
imnner  aforesaid.  And  the  constable  must  male* 


CHAP.  I. 


General 

duties. 


Penalty  for 
neglect 


COMPLETE  CONSTABLE. 

timely  return  of  his  warrant  to  the  clerk  who  granted 
the  same,  with  an  endorsement  thereon,  certifying 
whom  he  has  summoned  as  aforesaid,  on  pain  of  for- 
feiting and  paying  to  the  county  treasurer  for  the  use 
of  the  county,  a  fine  not  exceeding  Jive  dollars,  at  the 
discretion  of  the  judges  of  such  court,  unless  such  con- 
stable shall  offer  a  reasonable  excuse  otthe  acceptance 
of  such  court. 


yees<  Every  constable,  for  summoning  jurors  as  aforesaid, 

Is  allowed,  (except  for  the  return  of  the  warrant,)  the 
same  fees  for  travel  and  service  as  on  other  processes 
hi  civil  cases,  which  fees  are  paid  out  of  the  county 
treasury,  (a) 

By  immemorial  usage,  a  constable  of  the  town  in 
which  any  court  is  in  session,  while  a  jury  is  employed 
therein,  attends  upon  and  provides  for  them.  And 
when  the  court  have  committed  any  cause  to  their 
consideration,  is  commanded  to  tuke  charge  of  them, 
and  by  statute  ought  to  confine  them  until  they  air 
agreed  upon  a  verdict.  (&) 

When  any  person  comes  to  a  sudden,  untimely  or 
unnatural  death,  or  is  found  dead,  the  next  assistant 
or  justice  of  the  peace,  or  in  his  absence,  the  consta- 
ble of  the  town  ia  which  such  event  occurs,  must 
forthwith  summon  a  jary  of  twelve  aWe  and  discreet 
men,  who  must  be  sworn  by  such  officer  to  enquire  of 
Ihe  cause  and  of  the  manner  of  such  person's  death, 
:'.ad  who  must  present  upon  oath  a  true  verdic*  there- 
r.f  under  their  hands,  unto  some  assistant  or  justice  of 
the  peace,  who  must  return  the  same  to  the  next  Supe- 
rior Court  held  in  the  snme  county  ;  aH  which  services* 
must  be  performed  without  fee  or  reward  (c) 


(a)  1  Slat.  428.  429. 


(6)  Ibid.  3f>.  V. 


COMPLETE  CONSTABLE. 


95 


When  any  horses,  cattle,  swine  or  other  creatures,       CHAP  I. 
taken  damage  feasaut,   are  impounded,   (the  owner     ^T^^T' 
thereof  not  being  known,)  the  impounder  must  forth-       duties. 

with  inform  some  constable  of  the  town  wherein  such    When  cattle 

are  impoun- 
impounding  has  taken  place  ;  and  such  constable  must    aecl. 

cry  such  creatures  with  their  natural  and  artificial 
marks  by  posting  up  the  same  in  the  town  wherein 
they  are  impounded,  and  in  the  two  next  neighbouring 
towns,  from  which  it  may  be  most  likely  such  crea- 
tures came;  and  if  no  owner  appear,  (in  case  of  sheep 
or  swine  impounded,)  in  eight  days,  and  in  case  of 
horses  or  cattle,  in  twenty  days  after  cried  and  posted 
as  aforesaid,  so  many  of  said  creatures  must  by  such 
constable  be  sold,  at  an  out-cry,  as  may  be  sufficient  to 
satisfy  the  damages  and  poundage,  and  for  meat  and 
water,  and  for  the  charges  of  crying  and  selling  the 
same  ;  who  must  make  return  into  the  office  of  the 
town  clerk  of  his  doings  aforesaid,  together  with  the 
marks  natural  and  artificial  of  the  creatures  so  sold, 
with  an  account  of  the  charges  arisen,  and  the  price 
of  the  creatures  ;  and  after  paying  the  town  clerk 
for  entering  the  same  in  the  records,  pay  the  overplus, 
(if  any  be,)  into  the  town  treasury  to  be  kept  for  the 
use  of  the  owner,  (d) 

When  any  servant,  servants  or  apprentices  run  from  To  pursue 
their  masters,  in  any  town  where  there  is  no  assistant 
or  justice  of  the  peace,  any  constable  and  two  of  the 
chief  inhabitants  of  such  town,  may  press  men  and 
boats,  if  need  be,  at  the  master's  request  and  charge, 
to  pursue  such  servants  or  apprentices  by  sea  or  land 
and  to  bring  them  back  by  force,  (e) 

Constables  must  receive  and  execute  all  warrants   Must  re* 
directed  to  them,  issued  at  the  request  of  the  select 
men  of  any  town,  by  the  civil  authority  of  such  town, 
or  a  majority  of  them,  for  the  removal  of  any  person, 


(rf)  1  Stat.  555, 556. 


(0  Ibid.  487. 


36  COMPLETE  CONSTABLE. 

CHAP.  I.      an  inhabitant  of  any  of  the  United  States,  (this  Stale 

V7^^i'/     exempted)  who  shall  have  come  to  reside  in  such  town,  to 

duties.         the  state  from  whence  he  or  she  came.  And  the  expense 

of  executing  such  warrants  must  be  liquidated  and 

allowed  by  the  select-men  of  such  town,  and  paid  out 

of  the  treasury  thereof,  (fj 

Each  horse,  or  horse-kind  used  or  employed  in  any 
race,  on  which  any  bet  or  wager  is  laid,  or  any  purse 
or  stakes  made,  is  forfeited  to  the  State,  and  may  be 
seized  by  any  constable  of  the  town  in  which  such 
race  is  run.  In  any  case  of  seizing  as  aforesaid,  the 
constable  must  make  information  against  the  horse,  or 
horse  kind  by  him  seized,  to  the  next  court  of  common 
yleas  in  the  same  county,  (g) 

To  unite  The  justices  of  the  peace,  constables,  grand  jurors 

with  civil  au-    and  tithiug-men  in  the  respective  towns,  must  annual- 

thonty  in 

suppressing     ly  meet  on  the  first  Monday  of  January,  and  third 

Monday  of  June,  at  the  place  where  their  annual  town 
meetings  are  held,  or  at  some  other  place  by  them  ap- 
pointed, there  to  advise,  consider  and  use  their  joint 
interest  in  suppressing  vice  and  immorality  ;  and  for 
the  due  execution  of  the  laws,  to  which  their  respec- 
tive offices  have  relation.  Constables  and  grand  ju- 
rors in  their  respective  towns,  must  on  the  Lord's  day 
evenings,  and  other  public  days  of  religious  solemnity, 
•walk  the  streets,  and  duly  search  all  places  suspected 
of  harbouring  or  entertaining  any  people  or  persons 
assembled  contrary  to  law  :  (/»)  And  must  carefully 
Must  inspect  inspect  all  taverns  or  licensed  houses,  and  make  due 
presentment  to  the  civil  authority,  of  all  persons  whom 
they  find  transgressing  the  laws  respecting  the  regula- 
tion of  licensed  houses ;  and  must  warn  all  tavern 
keepers  to  observe  such  laws,  and  not  to  entertain  auy 
of  the  inhabitants  of  the  town  where  they  dwell  con- 
trary to  law.  (i)  Any  constable,  having  a  wan  a  at 

(f)  1  Stat.  391,  392.  fe)  Ibid.  381,  383. 


COMPLETE  CONSTABLE.  97 

from  authority  therefor,  may  enter  into  and  search  any  CHAP.  I. 
tavern  or  licensed  house,  and  break  open  any  lock  or  ^Gene^T' 
door  as  he  may  judge  there  is  occasion,  and  command  duties. 
any  inhabitant  of,  or  person  belonging  to  the  town 
•wherein  such  house  is,  who  shall  be  found  there  con- 
trary to  law,  to  depart  forthwith  ;  and  may  arrest  all 
such  persons  *s  refuse  to  depart  on  command  so  given, 
and  them  safely  keep  until  they  can  be  brought  before 
an  assistant  or  justice  of  the  peace,  and  to  enable  him 
so  to  do,  may  command  all  necessary  aid  nnd  assist- 
ance. Cj )  If  any  constable  or  grand  juror  find  that 
any  tavern  keeper  within  the  town,  does  not  observe 
the  laws  aforementioned,  nor  keep  due  order,  such  con- 
stable or  grand  juror  must  make  presentment  thereof 
to  the  next  County  Court  in  the  same  county,  at  their 
first  sitting  (k) 

All  constables  must  in  their  respective  towns,  ex  of-  ^Q  warH 
ficio  by  themselves  or  deputies,  warn  the  freemen  to  freeman's 
meet  together  on  the  third  Monday  of  September,  and  meetiuS9> 
on  the  Monday  next  following  Ike  first  Tuesday  in 
April,  at  nine  of  the  o'clock  in  the  morning,  at  some 
convenient  place,  where  such  meetings  are  usually  held, 
for  the  purpose  of  electing  Slate  officers,  Representa- 
tives to  the  General  Assembly  of  the  State,  together 
with  Representatives  to  Congress,  in  the  years  when 
by  law  they  are  to  be  elected  ;  and  when  so  command- 
ed by  any  special  writ  of  election,  issued  by  the  Go* 
vernor  for  the  electiou  of  any  member  or  members  of 
Congress,  to  supply  a  vacancy  in  the  representation 
of  the  State,  must  in  the  execution  of  such  writ  warn  a 
special  freeman's  meeting  according  to  the  directions 
in  such  writ  contained  :  And  if  any  constable,  whose 
duty  it  is  to  warn  any  such  annual  or  special  freeman's 
meeting,  neglects  so  to  do,  he  forfeits  to  the  treasury 
of  the  State,  the  sum  of  fourteen  dollars  for  every 
neglect  thereof.  (I) 

(j)  1  S(at,  041,      (*)  Ibid  842.      (/)  Rid.  245.  259. 


28 


COMPLETE  CONSTABLE. 


CHAP.  I. 


duties. 


Must 


side 


To  make 


election 
laws. 


When,  in  any  such  meeting  so  convened,  there  is  BO 
assistant  or  justice  of  the  peace,  the  senior  constable 
present  must  preside  ;  and  in  case  of  equality  between 
any  such  constables,  the  eldest  constable  must  preside  ; 
unless  a  majority  of  constables  present  agree  upon  and 
designate  some  other  person,  in  which  case,  the  person 
so  agreed  upon  may  preside.  And  in  all  freeman's 
meetings,  if  there  be  not  present  a  sufficient  number 
of  the  civil1  authority  for  the  assistance  of  the  presiding 
officer,  in  the  performance  of  his  duties  in  such  meeting, 
the  constables  present,  if  any  be,  must  assist  such  pre- 
siding officer  in  the  business  of  the  meeting,  and  dispo- 
sing of  Ihe  votes,  and  making  out  proper  certificates 
according  to  law.  (m) 

In  order,  as  far  as  may  be,  to  preserve  the  purity  of 
elections,  constables  and  grand  jurors  are  especially 
enjoined  to  enquire  after,  aud  make  presentment  of 
offences  against  the  laws  regulating  freeman's  meet- 
ings. Those  offences  are  particularly,  1st.  Voting 
without  having  been  admitted  a  freeman  :  3d.  Giving 
or  receiving,  or  promising  a  sum  of  money  or  other 
matter  or  thing,  by  way  of  gift,  fee  or  reward,  for 
giving  or  refusing  to  give  any  vote  in  the  election 
of  a  member  of  the  General  Assembly,  or  a  Represen- 
tative to  Congress,  or  a  promise  to  procure  or  confer 
any  gratuity,  reward  or  preferment,  on  account  of  any 
vote  given  or  withheld  at  such  election  :  3d.  Distribu- 
ting gratuitously,  either  by  himself  or  others,  or  an 
offer  or  promise  made  so  to  distribute  spirituous  liquors, 
on  freeman's  meeting  days,  either  before  or  after  such 
meeting,  or  at  any  time  with  evident  intent  to  pro- 
cure the  votes  of  the  freemen,  (n) 

Any  person  abusing  any  constable  in  the  execution 


ted  from  a-    of  his  office,  may  be  compelled  to  find  sureties  of  the 
peace  and  good  behaviour,  until  the  next   County 


(m)  1  Stat.  251,  252.    («)  Ibid.  246,  247,  248.  250,  251. 


COMPLETE  CONSTABLE.  2« 

Court  in  that  County,  and  on  refusal  may  be  commit-  CHAP.  I. 

ted  to  goal  till  the  session  of  such  Court ;  which  may  ^r^^^ 

inflict  such  penalty  on  the  offender  as  the  offence  de-  duties, 
serves,  not  exceeding  five  dollars,  (o) 

One,  and  but  one  constable  must  be  annually  appoin-    TO  collect 
ted  in  each  town  to  collect  the  State  taxes,  and  make    taxes- 
up  the  accounts  thereof  with  the  State  Treasurer,  (p) 

If  no  particular  time  be  fixed  in  the  grant  of  any 
State  tax,  for  the  collection  and  payment  thereof  into 
the  state  treasury,  it  must  be  collected  and  paid  in  be- 
fore the  last  day  of  August  ia  each  year.  (</) 

Each  constable,  collector  of  the  Stale  taxes  as  afore- 
said, is  allowed  three  and  a  half  cents  on  the  dollar,  on 
all  monies  collected  on  such  taxes  and  paid  into  said 
treasury,  beside  lawful  fees  for  travel,  if  he  make  a 
full  settlement  of  all  such  taxes  according  to  the  direc- 
tions contained  in  his  warrant,  within  twenty  days  after 
the  time  limited  in  such  warrant ;  but  if  he  neglect  to 
make  such  settlement  within  the  twenty  days  allowed, 
he  is  entitled  to  no  fees  to  be  paid  out  of  said  treas- 
ury, (r) 


A  constable,  collector  of  the  State  tax,  must  appoint 
a  time  and  place  for  paying  and  receiving  such  rates  as 
are  due,  and  must  give  reasonable  warning  to  each  in- 
habitant to  pay  his  proper  proportion  ;  which  warning 
every  man  must  observe  and  comply  with,  and  upon 
neglect  thereof,  such  constable  may  make  distress  upon 
the  person  neglecting,  for  .his  rates  not  paid  :  But  no 
constable  may  proceed  to  levy  or  distrain  for  such, 
rates,  or  any  part  thereof,  until  within  two  months  be- 
fore the  day  on  which  the  same  are  made  payable  into 
the  treasury.  Fees  for  levying,  are  seventeen  csnts 


How  to  pro- 
ceed therein. 


(o)  1  Stat.  546. 

0,  56J. 


(/;)  Ibid.  191. 
(;•)  Ibid*  572, 


30  COMPLETE  CONSTABLE. 

CHAP.  I.      on  any  tax  not  exceeding  three  dollars  and  thirty-four 

vrf^v-^/     cents,  and  two  and  a  half  cents  for  every   additional 
CjCHcrul 
duties.         dollar  for  which  the  levy  is  made,  and  lawful  fees  for 

travel  and  other  charges.  (.$•)  If  any  such  constable 
neglect  to  collect  and  settle  any  such  tax  or  rale  com- 
mitted to  him  for  collection,  and  settlement  of  the 
same  with  the  Treasurer,  he  must  within  four  months 
after  the  expiration  of  such  limited  time,  issue  a  war- 
rant of  distress  against  such  delinquent  constable,  for 
the  amount  of  such  tax  due  from  him,  and  unpaid. — 
This  warrant  is  directed  to  the  sheriff  of  the  county, 
and  runs  against  the  goods  or  estate  of  such  delinquent, 
and  for  want  thereof,  against  his  body  ;  which  is  to 
be  taken  and  committed  to  prison,  there  to  remain 
until  the  sum  due  be  paid,  or  he  be  otherwise  released 
by  due  course  of  law,  and  is  returnable  within  sixty 
days  from  its  date.  (<)  A  like  warrant  may  be  issued, 
at  the  request  of  the  select-men  of  the  town  wherein  is 
any  such  delinquent  constable,  by  the  State  Treasurer, 
directed  to  the  sheriff  or  his  deputy,  to  execute  in  the 
same  manner.  (**) 

In  all  cases  of  distress  on  warrants  as  aforesaid,  the 
officer  must  take  goods  or  chattels,  if  to  be  found,  but 
if  not,  must  take  the  real  estate  of  the  delinquent,  and 
for  want  of  such  goods  or  estate,  must  take  his  body 
and  commit  the  same  to  gaol,  there  to  remain  until  the 
sums  due  and  unpaid,  together  with  all  legal  costs  and 
charges,  are  satisfied,  or  he  be  otherwise  delivered  by 
due  course  of  law.  (v) 

Their  pow-       Every  constable,  chosen  to  collect  the  Slate  tax, 

**•  and  other  collectors  of  rates,  have  the   same  power 

and  authority  in  any  of  Ihe  towns  in  the  State,  which 

they  have  in  their  own  peculiar  precincts,  to  collect 

the  rates  of  any  person  whose  poll  or  estale  is  in  the 

(s)  I  Stat.568.  (t)  Ibid.  561.  («)  Ibid. 


COMPLETE  CONSTABLE.  ^ 

list  of  such  constable  or  collector ;  and  are  allowed      CHAP.  I 
post  wages,  that  is,  for  man  and  horse,  seven  cents  per     V^T~V"^-' 
mile  for  his  travel,  and  may  collect  such  rates  or  tax-       dutwa. 
es,  or  what  may  be  due  thereof,  at  any  time  after  their 
respective  years  have  expired,  as  well  as  befor  e.  (w) 

When  the  select-men  of  any  town,  shall  lawfully 
make  any  rate  or  tax,  and  commit  the  same  to  any 
constable,  with  a  warrant  signed  by  such  select-men 
annexed  thereto,  and  directed  to  such  constable,  he 
must  collect  such  rate  or  tax  pursuant  to  the  directions 
in  such  warrant  given,  in  the  same  manner,  as  in  the 
collection  of  other  rates  and  taxes,  (z) 

When  moveable  or  personal  estate  is  taken  upon  a 
distress  warrant,  the  officer  must  proceed  in  all  re- 
spects, as  when  taken  in  execution.  ( y) 

All  the  real  estate,  of  which  any  one  is  seized  or  Reai  estate 
possessed  in  his  arm  right  in  fee,  at  the  time  of  the  liable  far 
making  up  of  any  list,  is  liable  to  be  taken  and  sold 
for  all  rates  and  taxes  made  upon  such  list,  against 
the  person  in  whose  name  it  is  so  listed;  not  withstand- 
ing any  subsequent  sale  or  transfer  thereof,  or  any  at- 
tachment thereon  :  But  no  real  estate  is  liable  to  be 
taken  and  sold  for  taxes,  after  a  legal  transfer  has 
been  made  of  the  same,  and  entered  for  record ;  or 
an  execution,  or  attachment  has  been  levied  thereon, 
and  lodged  in  the  town  clerk's  office  of  the  town 
wherein  such  land  lies,  when  other  estate  can  be  found 
within  the  limits  of  such  town,  sufficient  to  satisfy  the 
same  with  legal  costs  arising  thereon  :  Nor  is  any  real 
estate  liable  to  be  sold  for  the  payment  of  any  taxeg 
for  more  than  one  year  after  such  taxes  become  due.  (2) 
When  any  real  estate  is  taken  for  the  payment  of  tax- 
es as  aforesaid,  the  officer  taking  the  same  must  ad- 

(w)  1  Stat.  567. 590.  (.r)  Ibid.  563. 

(y)  Ibid,  567.  59ft,  (z)  Ibid.  571. 


$3  COMPLETE  CONSTABLE. 

CHAP.  I.  vertise  the  estate  so  taken,  to  be  sold  for  the  payment 
V^^*T/  of  such  taxes,  at  a  time  and  place  set  and  mentioned 

duties.  in  such  advertisement,  three  weeks  in  some  public 
newspaper  in  the  State,  at  least  six  weeks  before  such 
sale  ;  and  then  aud  there,  at  such  time  and  place, 
proceed  to  sell  and  dispose  thereof,  at  public  auction, 
sufficient  for  the  payment  of  the  taxes  charged  against 
the  owner  thereof,  and  legal  costs  and  fees  thereon  ; 
and  must  make  and  give  to  the  purchaser  a  deed,  with 
warranty  thereof,  (a) 


(a)  1  Stat.  569. 


COMPLETE  CONSTABLE. 


CHAPTER  II. 


. 


CRIMINAL  PROCESS  AND  SERVICE. 


C: 


RIMINAL  process  is  a  warrant  of  arrest,  search 
or  seizure  ;  signed  either  by  a  magistrate,  justice  of 
the  peace,  or  by  a  clerk  of  a  County  or  Superior 
Court,  founded  on  information  exhibited  on  oath,  to 
-uch  magistrate  or  justice  of  the  peace,  by  a  grand  ju- 
•  <>!•  or  constable,  in  behalf  of  the  State;  or  by  a  private 
MI  rson  in  his  own  behalf,  as  well  as  of  the  State  ;  or 
.-!ii  indictment  or  presentment  of  a  grand  jury,  or  in- 
formation of  the  State's  Attorney,  made  to  such  Coun- 
ty or  Superior  Court.  Tilhing-men  may  also  make 
complaint,  in  behalf  of  the  State,  for  the  breach  of  all 
laws  for  the  preservation  of  the  Sabbath,  and  order  in 
public  worship.  The  warrant,  when  issued  by  a  sin- 
gle magistrate  or  justice  of  the  peace,  is  annexed  to, 
or  counts  upon  such  complaint  or  information ;  but 
when  issued  by  the  County  or  Superior  Court,  only 
counts  upon  the  indictment,  presentment  or  informa- 
tion, and  commands  by  authority  of  the  State,  to  ar- 
rest the  offender  or  offenders,  or  to  make  the  search 
or  seizure  required,  and  to  bring  such  offender  or  of- 
luiders  when  arrested,  forthwith  before  the  magistrate 
or  justice  of  the  peace  signing  such  warrant,  or  some 
other  proper  authority  ;  or  when  issued  by  a  County 
or  Superior  Court,  before  the  court  which  issued  such 
warrant,  and  to  safe  keep  the  property  found  or  seized. 
"When  a  warrant  is  issued  on  the  information  of  a  pri- 
vate person  in  his  own  behalf,  as  well  as  that  of  the 
State,  he  must  girc  bond  for  prosecution,  at  the  lime 

i: 


CHAP.  11. 


Criminal 
process, 


-CHAP.  II. 


COMPLETE  CONSTABLE. 

of  issuing  the  warrant ;  and  a  duty  of  seventeen  cents. 
if  for  an  offence  within  the  final  jurisdiction  of  a  sin- 
gle minister  of  justice,  or  of  thirly-fcur  cents,  if  tin- 
trial  appertains  to  the  County  Court,  and  of  one  dollar. 
if  within  the  exclusive  jurisdiction  of  the  Supcrioi 
Court,  must  he  by  the  authority  signing  such  warrant, 
certified  to  have  been  paid  ;  which  endorsement  must 
be  in  words  at  full  length,  or  it  will  be  void,  (ft) 

Warrants  may  also  be  issued  by  magistrates  and 
justices  of  the  peace,  for  arresting  persons  guilty  oi 
profane  swearing,  cursing,  drunkenness  or  breaking  the 
Sabbath,  when  such  magistrate  or  justice  has  plain 
view  or  personal  knowledge  of  the  ofTeuce,  without 
such  information  ;  but  such  warrants  must  contain  a 
statement  of  the  facts  whereon  they  are  founded,  (c) 

Magistrates  and  justices  of  the  peace,  may  also  issue 
warrants  for  the  apprehending  and  arrest  of  felons  and 
other  allrocious  offenders,  on  oath  made  before  them, 
of  the  felony  or  other  attrocious  offence  committed, 
and  identifying  the  felon  or  offender.  Tins,  though 
not  frequent  in  practice  in  this  St::te,  is  sometimes  ne- 
cessary, or  the  vilest  criminals  might  escape,  and  is 
warranted  by  immemorial  and  constant  usage  in  Eng- 
land and  the  neighbouring  States,  and  appertains  to  the 
office  of  justice  of  the  peace. 

The  Govemour,  Lieutenant  Governor,  Assistants 
and  Judges  of  the  Superior  Court,  act  as  justices  of 
the  peace  throughout  the  State,  and  may  issue  crimi- 
nal process  to  all  officers  accordingly.  Criminal  pro- 
cess, issued  by  the  judges  of  the  County  Courts,  justi- 
ces of  the  quorum  and  justices  of  the  peace,  is  of  no 
authority  beyond  the  limits  of  their  respective  coun- 
ties ;  unless  where  the  warrant  is  directed  to  some  par- 
ticular officer  by  name  and  office,  to  apprehend  and 


COMPLETE  CONSTABLE. 

ining  before  the  authority  issuing  the  same,  sonic  per- 
son against  whom  complaint  is  made  for  criminal  of- 
fence, for  which  he  ought  to  be  brought  before  such 
justice  for  trial,  or  examination,  or  as  a  witness ;  in 
which  case,  such  warrant  so  directed,  may  be  served 
by  such  officer  in  any  part  of  the  State.  (</) 

Warrants  issued  to  search  for  stolen  goods, 
must  be  on  oath  made  before  the  justice,  that  a 
felony  hath  been  committed,  and  stating  that  the  in- 
former suspects  that  they  are  in  such  a  house  or  place, 
and  the  grounds  of  such  suspicion,  directed  to  a  con- 
stable or  other  proper  known  officer.  And  must  com- 
mand, that  the  goods  found,  together  with  the  person 
in  whose  custody  they  are  found,  be  brought  before 
some  justice  of  the  peace,  that  upon  further  examina- 
tion, the  goods  and  party  may  be  disposed  of  as  the  law 
directs ;  and  that  the  search  be  made  in  the  day  time 
and  in  the  presence  of  the  informer,  (e)  The  warrant 
must  specify  and  particularly  describe  the  article  sto- 
len, and  the  place  or  places  to  be  searched  ;  and  if  the 
warrant  be  to  search  all  places  and  arrest  all  persons 
which  the  complainant  shall  suspect,  such  warrant  is 
illegal  and  void,  and  will  not  justify  an  officer  acting 
under  it.  (f) 

Justices  of  the  peace,  are  by  statute,  authorized  to 
issue  a  warrant  for  the  arrest  of  the  reputed  father  of 
a  bastard  child,  cither  on  complaint  of  the  mother,  or 
of  the  select-men  of  the  town  to  which  she  belongs.  ("«•) 


CHAP.  II. 


Criminal 


Search  war- 
rants. 


Service  of  criminal  process,  or  a  warrant  of  arrest, 
is  always  made  by  apprehending  the  body  of  the  per- 
son upon  whom  service  is  to  be  made.  And  when 
the  officer  has  made  such  arrest,  he  must  forthwith  ac- 
cording to  the  requirement  of  the  warrant,  convey  his 


(cT)  1  Stat.  423. 
ff)  Ibid.    215. 


(c)2//.  F.C.  150. 
(£)  Ibid.  99. 


COMPLETE  COIs STABLE. 

CHAP.  II.      prisoner  before  the  magistrate,  justice  of  the  peace  or 

^"•^i^'     court  to  which   such  warrant  is  nude  returnable  ;  an<fc 

process.        with  the  prisoner  make  return  of  his  warrant.     If  UK, 

warrant  be  to  search  for  stolen  goods,   and  they   be 

found,  he  must  deliver  the  goods  also  into  the  custody 

of  the  court,  with  the  prisoner  in  whose  custody  they 

are  found. 

To  make  an  arrest,  there  must  be  a  corporal  seizing; 
or  touching  the  delinquents  body,  or  what  is  tanta- 
mount, a  power  of  taking  immediate  possession  of  the 
body,  and  the  parly's  submission  thereto,  and  a  decla- 
ration of  the  officer  that  he  makes  an  arrest.  (A)  If 
the  officer  put  his  hand  upon  the  party,  saying,  that 
he  arrests  him,  it  is  sufficient  without  showing  his 
warrant,  and  -without  saying  at  whose  suit  the  arrest 
is  made,  unless  required.  And  that  though  the  war- 
rant is  in  his  pocket,  or  he  has  two  or  more  warrants 
therein,  and  does  not  say  on  which  he  arrests,  for  the 
arrest  will  be  good  on  all.  (?)  The  arrest  must  be  by 
authority  of  the  constable,  or  other  officer  to  w horn 
the  warrant  is  directed,  and  lie  must  be  in  company, 
but  he  need  not  be  the  hand  that  arrests,  nor  present, 
nor  in  sight  of  the  party  arrested  ;  but  it  may  be  done 
by  an  assistant  of  the  constable,  sent  forward  at  some 
distance  and  out  of  sight,  (jj  Words  only  do  not 
make  an  arrest :  and  if  after  the  officer  says,  "  I  ar- 
rest you,"  not  having  touched  the  person,  he  is  beaten 
off  with  a  sword  or  other  weapon,  it  is  no  arrest.  If 
an  officer  be  kept  oflf  from  making  an  arrest,  he  may 
maintain  an  action  of  assault,  and  if  a  person  arrested 
make  resistance  or  assault  the  officer,  he  may  justify 
beating  him ;  and  if  he  touches  him  for  the  purpose  of 
an  arrest,  and  he  escape,  it  is  a  rcscous ;  and  the  olfi- 


r/0  Bul.*V.  r.  62.  1 

(/    CVo.  .for.  485,  486. 


,  E*p.  Dig.  604. 

(j)  Ccr:/.  '33,  6^ 


COMPLETE  CONSTABLE.  3 

ccr  may  pursue  hhn  and  justify  breaking  open  a  house     CHAP.  II. 
to  retake  and  carry  him  away.  (A")  VCriimlnai 

process. 

If  an  officer  having  a  precept  to  arrest  a  man,  take 
hold  of  his  hand  out  of  a  window,  it  is  an  arrest,  and 
he  may  pursue  and  take  him,  in  the  same  manner  as 
though  arrested  at  large.  (/)  Arrests  may  be  mndc  in 
the  night  as  well  as  the  day  ;  (/»)  and  on  criminal 
process  on  the  Lord's  day,  as  well  as  on  other  days  ; 
but  to  warrant  au  arrest  on  the  Sabbath,  the  cause 
must  be  strictly  of  a  criminal  nature,  in  the  eye  oi  the 
law,  an  oflence  against  the  Stntf\  In  all  cases  where 
the  State  is  a  party,  or  of  a  criminal  nature,  the  offi- 
cer may  break  the  door  of  the  party  against  whom  the 
process  is,  either  to  arrest  him  or  otherwise  execute 
such  process,  if  he  cannot  otherwise  enter  ;  but  before 
he  enters,  he  ought  to  signify  the  cause  of  his  coming, 
and  make  request  to  have  the  door  opened.  On  a  ca- 
pias, or  warrant  against  a  man,  to  compel  him  to  find 
sureties  of  the  peace  or  of  good  behaviour,  the  officer 
may  break  op^n  the  door  of  the  dwelling  house  ;  and 
also  upon  a  warrant  of  a  justice  of  the  peace,  for  levy- 
ing a  forfeiture  in  execution  of  a  judgment  on  convic- 
tion for  it,  grounded  on  any  statute  which  gives  the 
whole  or  but  part  of  such  forfeiture  to  the  State,  and 
authorizes  the  justice  of  peace  to  give  such  judg- 
ment on  conviction  ior  it.  («) 

An  officer,  having  a  lawful  warrant  to  search  for   <^     , 

oca  i  en.  wa 

stolen  goods,  may  in  the  day  time,  with  his  assistants  rants. 
enter  the  suspected  house  by  an  open  door,  to  make 
search,  and  if  the  door  be  shut,  on  demand  to  have  it 
opened  and  a  refusal  by  those  within,  the  officer  may 
break  open  such  door,  and  with  his  assistants  enter 
and  make  search  for  the  goods  ;  but  if  the  goods  be  not 
in  the  house,  though  the  officer  and  his  assistants  may 

(£)  1  Sate.  79.  7  Mod.  173.  (/)  1  Ve ntr.  806. 

Cm)  9  Co.  66.  (n)  5  Cc.  91.     4  Bac.  Mr.  454,  455. 

Dal:,  fiber.  350,  351,25?,  35.-, 


38 
CHAP.  1L 


Criminal 


COMPLETE  CONSTABLE. 

justify  under  the  warrant,  yet  the  complainant  at 
v  hose  instigation  the  warrant  issued,  is  liable  to  the 
party  injured,  (o) 

If  an  officer  come  to  arrest  a  person,  and  before  the 
officer  can  make  the  arrest,  the  defendant  flies,  the  offi- 
cer may  pursue  and  lake  him  even  in  another  county, 
but  must  use  no  violence  to  him,  not  having  actually 
arrested  him  before  he  fled  ;  but  if  after  being  arrested 
he  flies,  and  when  overtaken  draws  a  weapon,  the  offi- 
cer may  justify  an  assault  and  battery  to  take  him, 
and  in  such  manner  repeat  the  recaption  as  often  as 
the  prisoner  escapes,  (p) 


(o)$H.P.C  151.    Kirb.  182.    (/*)  Dolt.  Sher.  1 11. 115. 


COMPLETE  CONSTABLE, 


CHAPTER  fll. 
CIVIL  PROCESS  AND  SERVICE. 


original   writ  of  summons  and  of  attachment,     CHAP  III 
must  be  both  fairly  written  and  .signed  by  a  magistrate     \^-v-^/ 
or  justice  of  the  peace,  or  by  the  Clerk  of  the  Court     £ml  pro- 
to  which  the   same  is  made  returnable;  and  must 
name  the  justice,  magistrate  or  court  before  which  it    WIitshoW  te 
is  to  be  returned,  the  time  and  place  of  appearance  of  sued, 
the  defendant,  and  contain  a  declaration  of  the  sub-    ' 
stance  of  the  action.     The  authority  issuing  the  writ, 
must  at  the  time  of  signing  the  same,  certify  in  words 
at  full  length,  that  a  duty  of  seventeen  cents,  if  return- 
able before  a  single  minister  of  justice,  or  ofthirty-fow 
cetits,  if  returable  before  a  County  or  City  Court,  and 
of  one  dollar,  if  returnable  before  the  Superior  Court, 
has  been  paid  thereon  :  And  if  an  attachment,  or  the 
plaintiit  is  not  an  inhabitant  of  this  State,  such  au- 
thority must  t;ike  sufficient  bonds  of  prosecution,  of 
some   substantial  inhabitant  of  this  State.     All  writs 
and  processes  returnable  for  trial  before   any  court  or 
single  minister  of  justice,  must  be  directed  to  the  sher- 
iff or  his  deputy,  or  a  constable  of  the  town  where 
any  such   writ  or  process  is  to  be  executed,  except  in 
certain  exempt  cases,  in  which  the  writ  or  process 
may  be  directed  to  an  indifferent  person,  (a) 

Justices  of  the  peace  may  respectively   sign  any 
original  writ  or  process  to  be  served  or  executed  in 

(;/)  1  S/a/.  350.  32,  425. 


40  COMPLETE  CONSTABLE. 

CHAP.  III.  any  part  of  the  County  to  which  they  respectively  be- 
long, and  returnable  before  any  single  minister  of  jus- 
tice, or  Court  of  Justice  therein,  except  writs  of  habeas 
corjnis  cum  causa,  and  writs  of  error.  (6) 

Justices  of  They  may  also  issue  Anils  of  execution  on  judgments 
peace  may  rendered  by  themselves  respectively,  to  be  executed  in 
Sons  incase"  any  Part  of  ^e  State  in  which  the"  defendant  dwells,  or 
&c.  the  estate  whereon  the  execution  is  to  be  levied  is  at 

the  time  of  granting  such  execution  :  (d)  And  may 
issue  ordinary  process  into  either  of  the  counties  ad- 
joining those  in  which  they  respectively  dwell,  return- 
able before  any  Court,  Judge  or  Justice  in  the  County 
in  which  the  justice  issuing  such  writ  dwells,  (c) 

Judges  of  the  County  Courts,  and  justices  of  the 
quorum,  may  respectively  issue  process  in  cases  to  be 
served  in  any  part  of  the  State,  in  all  respects  as  fully 
as  justices  of  the  peace  may  in  their  respective  coun- 
ties, cn 

The  Governor,  Lieutenant  Governor,  Assistants  and 
Judges  of  the  Superiour  Courts,  are  Justices  of  the 
peace  throngout  the  State,  and  may  issue  writs  and 
process,  civil  and  criminal,  to  be  served  and  executed 
in  any  p:»rt  of  the  Slate,  and  returnable  before  any 
single  minister,  or  Court  of  Justice  therein,  (g) 

Clerks  of  County  Courts,  may  respectively  sign 
original  writs  to  be  served  any  where  in  the  same 
county,  an«l  to  be  returned  to  the  Courts  of  which 
they  are  respectively  clerks ;  (/*)  and  judicial  writs 
issued  from,  and  returnable'  to  their  respective  Courts, 
to  be  served  any  where  in  the  Slate,  (f) 

Clerks  of  the  Superior  Court,  may  also  in  like  mau- 

(b)  1  S-'ct.  31  69.  (rf)  Ibid.  283. 

(r)  J7&/.  4£5.  (f)  Ibid.  424.   . 

(g)  •/.•..'.•••  '•  .:.  (A) Ifcrf. 209. 

(/)  Ibid.  283. 


COMPLETE  CONSTABLE. 

ner  sign  judicial  writs,  issued  from,  and  returnable  to 
their  respective  Courts,  to  be  served  throughout  the 
Stale  (j) 


41 
CHAP.  III. 

Civil  pro- 
cess. 


All  writs  and  processes  requiring  any  person  to  an-    Service  of 
swer  iii   any   action,  if  returnable  to  a   Superior  or    c 
Counly  Court,  must  be  served  upon  the  defendant,  at 
least  twelve  days  before  the  day  of  the  Court's  silting, 
or  if  returnable  before  a  single  minister  of  justice,  must 
be  served  six  days  inclusive  before  the  day  of  trial.  (K) 

If  the  inhabitants  of  a  town  arc  sued  in  their  corpo- 
rate capacity,  though  the  writ  be  returnable  before  a 
justice  of  the  pe:tce,  yet  it  must  be  served  at  least 
twelve  days  before  the  time  of  trial.  (/) 

When  the  suit  is  by  foreign  attachment,  or  against  Foreign  at- 
a  sheriff  or  constable,  for  default  in  his  office,  as  not 
returning  an  execution,  or  making  a  false  and  undue 
return,  &c.  the  writ  must  be  served  fourteen  days 
inclusive  before  the  sitting  of  the  Court  :  And  that 
us  well  when  such  writ  is  returnable  before  an  assist- 
ant or  justice  of  the  peace,  as  when  returnable  to  a 
County  Court.  (»*) 

A  writ  of  summons  must  be  served  by  reading  the  Summons, 
same  in  the  hearing  of  the  defendant  or  defendants, 
or  by  leaving  an  attested  copy  thereof  at  the  place  or 
places  of  his  or  their  usual  abode,  if  within  this  State. 
If  the  defendants  are  not  all  inhabilanls  of  Ihis  Slate, 
and  the  suit  be  on  joint  conlract,  service  on  such  of 
the  defendants  as  are,  will  be  sufficient,  (n)  If  a  hus- 
band and  wife  are  both  defendants  in  an  action,  and 
the  process  be  served  by  copy,  only  one  true  and  attes- 
ted copy  of  such  process,  left  by  a  proper  officer  at 


(j)  Stat.  283. 
(/)  1  Root,  175. 
(«)  1  Ibid.  34. 


(*)  Ibid.  32. 
(»«)  1  Seat.  62.  601. 


42  COMPLETE  CONSTABLE. 

CHAP.  III.     their  usual  place  of  abode,  (they  then  living  together,) 

^J^     is  sufficient  service,  (o) 

cess. 

If  a  .corporation  are  defendants,  a  copy  of  the  writ 
and  declaration  must  be  left  with  the  clerk  thereof, 
or  in  case  of  a  town  or  society,  with  a  select-man  of 
such  town,  cr  one  of  the  committee  of  such  society,  (p) 

If  a  writ  of  attachment  be  served  by  its  being  read 
iu  the  hearing  of  the  defendant  or  defendants,  by  a 
proper  officer,  or  by  his  leaving  a  true  and  attested 
copy  of  such  writ  at  such  defendant  or  defendants  usu- 
al place  of  abode  in  this  State,  and  not  otherwise,  yet 
the  service  is  good  to  hold  the  defendant  or  defend- 
ants to  answer  as  a  writ  of  summons,  (q) 

Attach-  Attachments  must  be  served  by  attaching  the  per- 

sonal estate  of  the  defendant,  if  it  can  be  found  wheth- 
er shown  and  tendered  to  the  officer  by  the  defendant 
or  not,  instead  of  taking  the  body,  though  offered, 
and  though  he  refuse  to  turn  out  personal  estate.  If 
personal  estate  cannot  be  had,  the  officer  may  take 
either  real  estate  or  the  body  of  the  debtor,  at  the 
election  of  the  creditor,  (r)  When  personal  estate  is 
attached,  the  officer  must  take  it  into  his  actual  pos- 
x  session  and  custody,  and  safe  keep  it  until  the  expira- 
tion of  sixty  days  after  the  rendering  final  judgment 
on  such  writ  of  attachment,  and  unless  within  that 
time  it  be  taken  in  execution,  it  will  be  legally  dis- 
charged. (s) 

When  goods  are  held  by  one  officer  by  virtue  of  an 
attachment  of  them,  lawfully  executed,  they  cannot 
be  attached  by  any  other  officer.  And  though  anoth- 
er officer  levy  on  such  goods,  thus  in  the  hands  of 


(o)  1  Roof,  475.  (ii)  1  Slat.  32,  33. 

(y)  1  Root,  54.  128.    2  Ikid.  130.    (r)  2  Swift's  Syst.  191. 
(.9)  1  Sta(.  60.    4  Mass.  T.  R.  163,  164. 


COMPLETE  CONSTABLE.  4 

the  first  attaching  officer,  still  the  officer  who  first  CHAP.  III. 
took  the  goods  by  attachment,  must,  on  receiving  the  ^T*^ 
execution  issued  on  a  judgment  rendered  on  the  at-  ress. 
tachmeut  by  which  he  first  took  the  goods,  proceed 
to  sell  the  goods  on  such  execution  and  pay  over  th<; 
surplus  money  if  any  there  be,  to  the  owner,  notwith- 
standing such  second  attachment  by  such  other  officer. 
But  a  second  attachment  served  on  the  same  good* 
by  the  same  officer  is  good,  and  the  surplus  of  the 
sale,  after  satisfying  the  first  ex  .1  ution,  must  be  appli- 
ed towards  the  one  issued  oa  tiie  second  attachment, 
if  in  the  same  officer's  hands.  A  second  attachment 
in  favour  of  the  United  States,  and  served  by  the 
Marshal  of  the  District,  will  however,  defeat  the  first 
attachment  by  a  state  officer  for  a  private  creditor  ; 
so  that  though  there  be  a  surplus  left  on  the  Marshal's 
sale,  after  satisfying  the  execution  in  favour  of  the 
United  States,  yet  it  must  be  paid  over  to  the  original 
owner  of  the  goods,  and  not  to  the  first  attaching  credr 
itor  on  his  execution,  (t) 

If  an  officer,  on  an  original  writ,  attach  property 
not  belonging  to  the  defendant,  and  judgment  is  re- 
covered and  execution  issued  and  put  into  the  hands 
of  such  officer,  with  direction  by  the  creditor,  to  levy 
the  same  on  the  property  so  attached,  the  officer  may 
notwithstanding  return  nulla  bona,  and  take  the  body 
and  commit  the  same  to  prison,  and  be  exonerated 
from  the  creditor.  And  though  the  property  attach- 
ed did  belong  to  the  defendant,  and  it  has  been  rescued, 
the  officer  may  return  the  same  in  his  own  dis- 
charge. (M) 

If  goods  be  consigned  by  A.  to  B.  an  insolvent  debt- 
or, who  on  notice  of  the  consignment,  immediately 
disagrees  thereto  while  the  goods  are  in  passage,  and 
not  by  him  received,  they  are  not  liable  to  be  attach- 

(0  5  Miss.  T.  R.  273,  274,  275,    («)  4  Mxss.  T.  R.  504. 


41-  COMPLETE  CONSTABLE. 

CHAP.  III.  ed  as  his  goods,  though  the  consignor  be  ignorant  of 
^r^T""**-'  such  disagreement,  and  though  the  consignee  request  ;t 
cess.  third  person  to  receive  and  take  care  of  the  goods  un- 

til the  consignor  can  have  notice.  (») 

If  on  a  writ  of  attachment,  the  officer  attach  the 
goods  or  estate  of  the  defendant,  he  cannot  on  the 
same  writ  attach  his  body,  that  being  liable  to  attach- 
ment, only  for  want  of  goods  or  estate  ;  though  in 
the  opinion  of  the  off;  err,  the  goods  and  estate  by  him 
taken  are  not  sufficient  to  satisfy  the  plaintiff's  de- 
mand, and  on  that  account  he  tukes  the  body,  he  is  a 
trespasser. 

Unless  by  special  direction  of  the  plaintiff,  the  offi- 
cer need  not  attach  goods  or  estate,  if  not  evidently 
sufficient,  but  may  return  nulla  bona,  and  take  the 
body.  If  the  creditor  direct  the  officer  to  attach  pro- 
perty of  ever  so  little  value,  he  is  justified  in  not  tak- 
ing the  body.  («>) 

An  officer  may  not  attach  the  estate  of  the  defend- 
ant, after  having  attached  his  body  on  the  same  writ, 
and  token  bail  for  his  appearance.  And  if  after-at- 
taching the  body  and  taking  bail,  the  officer  without 
giving  up  the  bail  bond,  attach  estate  and  make  return 
thereof,  making  no  mention  of  the  previous  arrest,  he 
is  liable  in  an  action  for  a  false  return  ;  and  such  action 
will  lie  for  a  third  person,  who  had  caused  the  same 
estate  to  he  afterwards  attached  at  his  suit,  (.r) 

If  the  plaintiff  direct  an  officer  to  attach  particular 
goods,    not  in  the   possession  of  the   defendant,   and 
^^,/^^coucerning  the  right  of  property  in  which,  there  is   a 
/•  dispute,  the  plaintiff  ought  to  give  the  officer  an  in- 

demnity for  making  the  attachment.  (?/) 

O)  5  Mass.  T.  R.  162.  (TO)  2  Root,  346,  347. 

O)  3  Mass.  T.  7?.  561.  (y)  4  Ibid.  60.  CC. 


COMPLETE  CONSTABLE, 


46 

CHAP.  III. 
Civil  pro- 


When  goods  or  chattels  are  attached  to  secure  the 
judgment  v.liich  the  plaintiff  may  recover,  if  on  the 
appeal,  judgment  be  rendered  for  the  defendant,  the 

attachment  is  ipso    facto  dissolved  ;  and  the  officer    Goods  at- 
tached, how 
can  no  longer  hold  the  property  attached,  against  the    iong  holden. 

demand  of  the  defendant  (z) 

If  A.  an  officer,  receive  money  on  an  execution  in 
favour  of  B.  and  endorses  the  execution  satisfied,  the 
money  lying  on  the  table,  C.  another  officer  present, 
who  has  an  attachment  in  his  hands  rgainst  B.  cannot 
attach  the  money  so  received  by  A.  on  execution  in 
favor  of  B.  and  then  lying  on  the  table,  for  the  pro- 
perty in  money  accompanies  the  possession  ;  and  A. 
not  having  paid  the  money  over  to  B.  it  is  not  liable 
to  attachment  as  his  property,  but  remains  the  prop- 
erty of  A.  until  actually  delivered  into  the  possession 
of  B.  (a) 


sixty  day* 
after  judg- 
ment. 


Goods  attached,  cannot  be  held  more  than  sixty  Goods  atta- 
days  after  final  judgment  in  the  action;  and  if  not  h0klen°only 
taken  in  execution  within  that  time,  must  be  restored 
to  the  owner.  And  if  the  attaching  officer  deliver  the 
goods  attached  to  a  third  person  for  safe  keeping,  tak- 
ing a  receipt  for  them,  containing  a  promise  to  rede- 
liver  such  goods  to  the  officer  on  demand,  i;ud  the  offi- 
cer do  not  make  such  demand  within  sixty  days  after 
the  rendering  final  judgment  in  the  action,  and  after 
such  expiration  of  sixty  days  after  rendering  final  judg- 
ment, the  person  who  had  the  keeping  of  said  goods 
deliver  them  to  the  original  owner,  the  officer  can 
maintain  no  action  on  such  receipt  :  (6)  But  if  after 
the  rendering  final  judgment  in  the  action  for  the 
plaintiff,  and  before  the  expiration  of  the  sixty  days, 
the  defendant  bring  a  Avrit  of  error,  which  is  duly  serv- 
ed, and  the  original  judgment  affirmed  on  the  trial  up- 


(z)  4  Mass.  T.  R.  100. 
(A)  Kirb.  40. 


(a)  1  Root,  544, 


46 

CHAP.  HI. 
CivU  pro- 


COMPLETE  CONSTABLE. 

on  the  writ  of  error,  the  officer  may  make  such  de- 
mand at  any  time  within  the  first  sixty  days  after 
rendering  such  original  judgment,  th-.it  the  execution 
can  be  lawfully  levied  on  the  goods,  including  in  such 
sixty  days,  the  number  of  days  between  the  rendering 
the  judgment  on  which  execution  may  issue,  and  the 
service  of  the  writ  of  error,  and  a  sufficient  number 
first  after  the  determination  of  such  writ  of  error  to 
complete  sixty  days,  in  which  the  execution  may  be 
taken  out  and  served.  Final  judgment  in  an  action, 
is  a  judgment  on  which  execution  in  a  course  of  regu- 
lar proceeding  may  be  issued  ;  and  a  writ  of  error  is  no 
served,  (c) 


Articles  ex- 
empt from 
attachment 


Foreign  at- 
tachment. 


If  an  officer,  after  having  attached  goods  or  personal 
chattels  of  the  defendant,  leave  them  in  his  possession 
and  he  sells  them,  or  they  are  taken  by  another  offi- 
cer, by  virtue  of  another  writ,  the  first  attaching  offi- 
cer cannot  reclaim  the  goods,  but  has  lost  all  hold  up- 
on them,  and  is  himself  subjected  to  the  plaintiff,  (d) 

All  the  personal  or  movcablc  estate  of  a  defendant, 
is  liable  to  attachment,  except  the  following,  viz. — ne- 
cessary apparel,  bedding,  tools,  arms  or  implements  of 
his  household,  necessary  for  upholding  life  ;  and  such 
goods  also,  if  presented  by  the  debtor.  And  every  de- 
fendant is  privileged  to  keep  one  cow,  two  swine,  and 
ten  sheep,  which  may  not  be  attached  nor  taken  in  ex- 
ecution, (e) 

Implements  of  husbandry  used  in  tilling,  it  is  believ- 
ed, are  not  within  the  statute  exempting  the  tools  of  a 
debtor  from  attachment ;  it  having  been  so  decided  in 
the  Supreme  Court  of  Massachusetts.  (~f_) 

In  actions  on  foreign  attachment,  whether  the  writ 
be  in  form  of  a  summons  or  attachment,  service  must 


(c)  I  Root,  481. 

(e]  1  Stat.  280,  281.  284. 


(rf)  1  Tyler's  Rcfi.  294. 
(f)  5  Mass.  T.R.11S. 


COMPLETE  CONSTABLE.  47 

be  made  by  the  officer's  leaving  a  true  ami  attested    CHAP.  I1L 
copy  of  such  writ,  with   each  person  therein  named,     civU^pro^ 
as  attorney,  factor,  agent,  trustee  or  debtor  to  the  de-     cess, 
fendant,  or  at  the  usual  place  of  abode  of  such  attor- 
ney, factor,  agent,  trustee  or  debtor,  at  least  fourteen 
days  before  the  time  of  trial :     And  if  the  defendant 
be  an  inhabitant  of  this  State,  or  has  for  some  time,  or 
ever  dwelt  therein,  then  a  like  copy  must  be  left  by 
such  officer,  at  his  dwelling  house  or  last  place  of 
abode  within  the  State,  (g) 

Whenever  any  proper  officer,  with  a  writ  of  attach-  Attachment 
ment,  or  execution,  applies  to  the  cashier  of  any  bank,  scares; 
or  to  the  secretary  or  clerk  of  any  incorporated  com- 
pany, turnpike  company  or  other  corporation,  for  the 
purpose  of  attaching  or  levying  upon  any  rights  or 
shares  of  the  defendant,  in  the  stock  of  such  bank,  cor- 
poration or  company,  such  cashier,  secretary  or  clerk, 
must  furnish  the  officer  with  a  certificate  under  his 
hand,  in  his  official  capacity,  ascertaining  the  number 
of  rights  or  shares  the  defendant  holds  in  the  stock 
of  such  bank,  company  or  corporation,  with  the  in- 
cumbrances  thereon,  if  any  there  be,  and  the  amount 
of  the  dividends  due  thereon.  And  such  officer  may 
attach  such  shares  or  rights,  by  leaving  a  true  and  at- 
tested copy  of  the  writ,  with  his  proper  endorsement 
theron,  as  in  other  cases,  with  the  defendant  or  at  his 
usual  place  of  abode,  if  within  this  State,  and  a  like 
copy  with  such  cashier,  secretary  or  clerk  ;  which  be- 
ing done,  all  such  right  or  shares  so  attached,  togeth- 
er with  the  interest,  rents  and  profits  of  them,  will 
thereby  be  holden  to  respond  the  judgment  which 
may  be  recovered  in  such  action,  for  the  term  of  sixty 
days  after  the  rendering  thereof,  and  no  longer.  (K) 

Every  defendant  whose  moveaole  estate  is  attach-   RepievjB 
ed,  may  replevy  it  out  of  the  hands  of  the  officer.— 

(?)  1  S(at.  62.    1  Root,  387.  (h)  I  Sfat.  60,  61; 


4s  COMPLETE  CONSTABLE. 

CHAP.  III.  This  is  done  by  a  writ  of  replevin,  commanding  the 
^-^T^*^^  officer,  holding  such  goods,  to  redeliver  them  to  the 
cess.  defendant  in  the  nclion,  and  to  return  the  writ  of  re- 

plevin, with  the  original  writ,  to  the  Court  to  which 
it  is  made  returnable.  The  bonds  given  on  the  writ 
of  replevin,  arc  substituted  for  the  goods  attached,  for 
responding  the  judgment  which  may  be  recovered. — 
The  writ  of  replevin  must  be  signed  by  some  authori- 
ty empoAvered  to  sign  original  writs  ;  and  the  officer 
must  take  good  and  sufficient  security,  to  answer  all 
such  damages  as  may  accrue  from  the  release  of  the 
goods,  &c.  («)  And  when  any  shares  or  rights,  in  the 
stock  of  any  bank,  insurance  company,  turn  pike  com- 
pany or  other  corporation,  (having  been  duly  attach- 
ed,) are  replevied,  the  officer  to  whom  such  writ  is 
directed,  must  leave  a  true  and  attested  copy  of  the 
writ  of  replevin,  with  the  cashier  of  such  bank,  or  with, 
the  secretary  or  clerk  of  such  company  or  corporation, 
as  the  case  may  be,  (the  rights  or  shares  in  which 
have  been  so  attached,)  which  will  operate  to  re- 
lease such  rights  or  shares  from  such  attachment,  and 
subject  them  to  the  controul  of  the  owners  as  be- 
fore (j) 

To  complete  the  service  of  a  writ  of  attachment  on 
personal  or  movcable  estate,  the  officer  who  serves 
the  same,  must  leave  with  the  defendant  whose  estate 
is  attached,  or  at  his  usual  place  of  abode  within  this 
State,  a  true  and  attested  copy  of  the  writ  with  his 
endorsement  thereon,  describing  the  estate  by  him 
attached,  all  within  the  time  by  law  limited  for  ser- 
vice of  the  writ.  (£) 

la  Hie  service  of  an  attachment,  the  officer  may  not 
take  the  goods  nor  estate  of  the  defendant,  and  also 
take  his  body.  And  if  after  having  taken  the  defend- 

(0  1  Stat.  574.    2  Swift's  Syst.  92.      (j)  2  Stat.  21,  22. 

((•)  Ibid.  59,  60. 


COMPLETE  CONSTABLE. 

ants  goods  or  estate,  he  also  take  his  body,  such  offi- 
cer  is  liable  to  an  action  of  false  imprisonment.*  (/) 


CHAP.  III. 


When  any  real  estate  is  attached  by  virtue  of  a  Attachment 
writ  of  attachment,  in  any  civil  action,  the  officer  °^al  es" 
who  serves  the  same  must  leave  with  the  defendant 
whose  estate  is  attached,  or  at  his  usual  place  of 
abode,  if  within  this  State,  a  true  and  attested  copy 
of  the  writ,  with  his  endorsement  thereon,  describing 
the  estate  by  him  attached  ;  and  must  leave  a  like 
copy  of  the  writ  and  endorsement,  at  the  town  clerk's 
office  in  the  town  where  the  estate  lies,  and  until  the 
service  is  so  completed,  the  estate  so  attached,  will 
not  be  held  by  such  attachment,  against  any  other 
creditor  or  boon  fide  purchaser,  unless  such  copy  be 
left  in  service  within  seven  days  next  after  attaching 
the  estate,  and  before  the  time  limited  by  law  for  the 
service  of  such  writ,  is  expired.  And  no  real  estate, 
so  attached,  will  be  holden  to  respond  the  judgment 
obtained  by  the  plaintiff,  at  whose  suit  it  was  attached, 
unless  execution  be  taken  out  and  levied  upon  the 
estate  so  attached,  and  the  same  be  appraised  and  re- 
corded in  the  office  of  the  town  clerk,  and  of  the 
clerk  of  the  Court,  from  which  the  execution  issues, 
within  four  months  after  such  judgment,  (m) 

Whenever,  for  the  want  of  goods  or  estate,  the  bo-    Attachment 
dy  of  a  debtor  is  arrested  by  virtue  of  a  writ  of  attach-    °f  tne  body, 
ment,  the  officer  serving  the  same  must  read  it  in  his 
hearing  :  (»)     And  if  the   person  so  arrested,  offer  as 
bail,  one  or  more  substantial  inhabitants  of  this  State, 
of  sufficient  ability  to  respond  the  judgment   which 
may  be  recovered  in  the  action,  to  become  bound  to 
such  officer  in  a  sufficient  sum,  conditioned  for  the  ap- 

*  For  further  particulars  respecting  serving  attachments 
on  goods  and  chattels,  see  Execution. 


(0  2  Root,  346. 
fn)  Ibid  33. 


(m)  I  Slat.  59,  6.Q, 
G 


CHAP.  III. 

Civil  pro- 
cess. 


COMPLETE  CONSTABLE. 

pearance  of  the  person  so  arrested,  before  the  Court  to 
which  said  writ  is  made  returnable,  such  officer  must 
accept  such  bail,  and  thereupon  discharge  the  body 
of  the  defendant.  And  no  recovery  shall  be  had 
against  the  officer  who  served  the  attachment  or  took 
the  bail,  unless  he  shall  have  taken  insufficient  bail, 
or  shall  refuse  to  let  the  plaintiff  have  the  bail  bond, 
that  he  may  have  his  remedy  theron.  (0) 

But  if  the  defendant  whose  body  has  been  so  at- 
tached, cannot,  or  neglects  to  procure  bail  for  his  ap- 
pearance st  Court,  as  aforesaid,  the  attaching  officer 
must  apply  to  some  civil  authority,  whose  duty  it  is 
on  such  application,  and  being  satisfied  of  the  facts  of 
such  attachment  of  the  defendant,  and  of  his  neglect 
or  refusal  to  procure  baii,  to  grant  a  mittimus^  express- 
ing the  ground  and  cause  of  commitment,  and  requir- 
ing the  gaoler  or  keeper  oi  the  prison  in  the  county 
where  such  attachment  has  been  made,  and  if  there 
be  more  prisons  than  one  in  such  county,  the  nearest 
0f  tlicm  to  the  place  where  the  person  was  attached, 
to  receive  and  keep  such  defendant,  within  the  prison, 
until  discharged  according  to  law  :  (j;)  And  such  ofi> 
eer  mus  t  thereupon  convey  and  deliver  to  such  goaler, 
such  defendant,  together  with  such  ntiltimiif,,  within 
the  prison,  and  jjiake  return  of  his  writ  with  his  do- 
iugs  thereon  endcxced.  (q) 


Persons  pri- 
vileged 
from  attach- 
ment. 


]N~o  writ  of  attachment,  in  any  civil  action,  may  be 
served  on  the  body  of  any  Embassador,  or  other  For- 
ciiu  Minister,  their  Secretaries,  Families  or  Servants. 
though  natives  of  lUe  State;  nor  upon  any  member 
t>f  Congress,  going  to,  or  returning  therefrom ;  nor  up- 
or.  : ,i>y  member  of  the  General  Assembly  of  this  State, 
in  goiiig  to,  attending  upon,  or  returning  from  the 
same  ;  nor  upon  any  clcrgj  man,  while  going  to,  oi 


CO  1  Stat.  68,  69. 
(?)  Ibid.  53. 


(70  Ibid.  SB.  60, 


COMPLETE  CONSTABLE.  51 

returning  from  Church,  nor  whtte  in  the  performance     CHAP.  III. 
of  divine  service  in  any  place  of  public  worship  ;  nor     ^^!^ 
upon  jurors,  parties  or   witnesses  goicg  to,  attending     proceat. 
upoB,  or  returning  from  Court ;  nor  upon  any  executor 
or  administrator,  in  an  action  brought  against  him  or 
her  as  such ;  nor  upon  any  person,  in  the  presence  of 
any  court  of  justice  in  actual  session,  (r) 

Members  of  the  General  Assembly  of  this  Slate,  are 
also  privileged  from  suit  by  summons  v.  hile  going  to, 
attending  upon,  and  returning  from  a  session  thereof, 
as  well  as  by  attachment,  and  from  being  held  to  an- 
swer to  any  process  whatever,  except  for  treason  or 
felony.  (*) 

Sheriffs  are  said  to  be  privileged  from  being  held 
to  answer  in  a  writ  of  attachment,  as  well  as  from  ar- 
rest ;  but  this  is  doubted.  Should  a  writ  of  attach- 
ment be  issued  by  lawful  authority,  directed  to  a  con- 
stable, he  most  surely  ought  to  execute  it  according 
to  the  directions  therein,  upon  the  goods  or  estate  of 
the  defendant,  if  to  be  found. 

No  writ  or  process,  in  any  civil  cause  or  action,  may 
be  served  on  the  Lord's  day,  and  when  attempted,  the 
service  is  void,  the  officer  liable  to  fine  for  breach  of 
the  Sabbath,  and  to  an  action  of  trespass,  if  levied  up- 
on goods,  and  of  false  imprisonment,  if  on  the  body  of 
,4he  defendant.  («) 

All  writs  made  returnable   to  any  County  Court,    Retum  ^ 
must  be  returned  into  the  office  of  the  Clerk  of  such    process 
Court,  on  the  day  before  the  sitting  thereof,  and  not 
after,  (a) 

(r)  3  Burr,  1478,  1479.    1  Slat.  U.  S.  9.      1  Stai.  203.— 
Kirb.  68.      Tid.  Prac.  188, 
(s)  1  Stat,  203.  ft)  1  Siah-57?. 

(«)  Mid.  23. 


COMPLETE  CONSTABLE. 


CHAP.  III. 

Civil  pro- 
cess. 


Where  an  officer  who  served  a  writ  of  attachment, 
and  took  the  property  of  the  defendant,  returned  the 
\vrit  to  the  house  of  the  Clerk,  and  in  his  absence  de- 
livered it  to  his  wife,  and  informed  her  what  it  was  he 
thus  delivered  to  her,  it  was  held  a  sufficient  return 
into  the  office  of  the  Clerk,  to  exonerate  the  officer,  in 
an  action  against  him  for  not  returning  the  writ.  (6) 
An  adversary  petition,  brought  to  the  General  Assem- 
bly, must  be  served  by  a  copy  of  such  petition  being 
given  or  offered  to  each  respondent  therein  named,  if 
living  within  the  State,  or  left  at  the  place  of  his  or 
her  abode,  if  returnable  to  the  May  session,  at  least 
twelve  days  before  the  first  Tuesday  after  the  opening 
of  the   Assembly,  and  must  be  returned  before  such 
Tuesday ;   and  if  returnable  to  the  October  session, 
such  service  must  be  made  at  least  twelve  days  before 
the  second  day  of  the  session,  to  which  the  petition  is 
returnable  ;  and  must  be  returned  to  the  Secretary, 
on  or  before  the  first  day  of  such  session,  (c) 


Fees  must 
be  endorsed 
on     original 
•writs,  &c. 


The  officer,  who  serves  any  writ  or  process,  except- 
ing executions,  must  endorse  on  such  writ  or  process, 
the  fees  by  him  charged  for  such  service,  with  the 
number  of  miles  by  him  travelled,  and  the  other  items 
constituting  the  amout  thereof ;  which  if  charged  too 
high  must  be  reduced  by  the  Court,  Assistant  or  Jus- 
tice, to  which  the  writ  is  returned,  (d)  And  no  offi- 
cer may  be  allowed  any  more  fees  for  travel  to  serve 
any  writ  or  execution,  than  he  actually  travels  to 
serve  the  same,  to  be  computed  from  the  place  of  the 
officer's  abode,  to  the  place  of  service,  and  thence  to 
the  place  of  return.  (<?) 

Nor  may  any  constable,  draw  or  fill  up  any  writ, 
process  or  declaration,  in  any  case  whatever,  his  own 


(£)  2  Day,  48Q. 
(d)  Ibid.  60S. 


(c)  1  Stat.  550.  551. 
(e)  Ibid.  294,  602. 


COMPLETE  CONSTABLE. 

exempted  ;  nor  appear  in  any  Court  as  attorney,  for 
and  iu  behalf  of  any  other  person  or  persons  whatso- 
ever. B  And  if  it  shall  appear,  that  any  writ,  process  or 
declaration  was  drawn  or  filled  up  by  any  constable, 
except  in  his  own  case  only,  the  same  will  abate  and 
be  dismissed.  (/} 


(f)  1  Slot.  602,  603. 


COMPLETE  CONSTABLE. 


CHAPTER  IV. 

BAIL,  BAIL  BONDS  AND  PROMISES. 

„ HEN  any  person,  arrested  on  mesne  process, 

*+^v~+*s  in  any  civil  action,  offers  to  tke  arresting  officer,  one 
ai '  '  or  more  substantial  inhabitants  of  this  State,  of  suf- 
ficient ability  to  respond  the  judgment  that  may  be 
recovered  in  the  cuse,  to  become  bound  in  a  sufficient 
sum,  conditioned  for  the  appearance  of  the  person  so 
arrested,  before  the  Court  to  which  the  writ  is  made 
returnable,  the  officer  must  accept  their  bond  and  lib- 
erate the  person  arrested,  (a) 

The  defendant  must  be  lawfully  in  custody  of  the 
officer,  or  the  bond  will  be  void,  (b') 

The  bond  must  be  made  to  the  officer  by  name 
and  office,  and  for  the  appearance  of  the  defendant  on- 
ly, without  joining  any  thing  else  in  the  condition,  oth- 
erwise the  bond  will  be  void,  (c) 

If  a  bond  be  taken  for  the  appearance  of  a  defen- 
dant arrested  by  a  void  process,  the  authority  issuing 
it,  having  no  power  to  issue  the  same,  the  bond  is 
void.  (</) 

If  a  constable  arrest  a  man  in  his  own  town,  and 
carry  him  into  another  without  his  jurisdiction,  and 
there  detain  him  until  he  give  bond  for  appearance, 
the  bond  is  void  for  duress,  (e) 

(a)  t  Stat.  68.          (A)  Dalt.  Sher.  50.     10  Co.  101. 

(0  Cro.  Eliz.  672.  862.    Cro.Jac.  286. 

(d)  Cro  Eliz  646,  647.  (<?)  Cro.   Eliz.  745. 


COMPLETE  CONSTABLE.  5.- 

A  bail  bond  in  the  form  of  a  single  bond,  without    C*AP.  IV. 

condition,  is  void ;  or  if  the  condition  be  in  substance     s^v^*' 

J5flri» 
variant  from  the  statute,  it  is  void ;    as  if  there  be 

added,  that  the  defendant  shall  pay  so  much  more  fox 
a  horse,  the  addition  makes  the  whole  void.  (/} 

If  an  officer  \vho  has  arrested  a  defendant  on  civil 
process,  take  bail  apparently  sufficient  at  the  time  of 
taking  the  same,  and  the  defendant  fails  to  appear  and 
plea^d  to  such  action,  and  judgment  is  rendered  on  de- 
fault therein,  and  execution  issues,  and  is  committed 
to  the  hands  of  the  same  officer,  who  returns  a  non 
est  inventus  thereon,  such  officer  is  not  liable  for  an  es- 
cape, nor  for  taki/,g  Insufficient  bail,  though  the  sure- 
ty, after  executing  the  bail  bond,  and  before  the  return 
of  the  execution  cguinst  the  principal,  become  wholly 
insufficient,  (h) 

If  the  bond  be  made  to  the  officer  himself,  and  by 
ihc  name  of  his  office,  and  for  the  appearance  of  the 
defendant  at  the  day  only,  though  in  other  circum- 
stances somewhat  variant,  it  may  be  good  :  (?')  But  if 
the  officer  omit  to  describe  himself  as  an  officer,  as  if 
the  bond  be  made  to  A.  B.,  without  adding  constable 
of  &c.  the  bond  is  void,  (jj 

If  the  condition  of  a  bail  bond  be,  that  the  defen- 
dant appear  before  the  Court,  (or  A.  B.  justice,  &c.)  on 
the  day,  &c.  to  answer  to  C.  D.  as  shall  appertain,  and 
further  to  do  and  receive  as  the  Court  therein  of  him 
shall  consider  in  that  behalf,  &c.  the  bond  is  void.  (#) 

A  bond  conditioned  to  save  the  officer  harmless,  for 
admitting  to  bail,  a  person  not  bailable,  is  void :  (/) 
So  it  is  for  the  payment  of  fees  on  an  execution,  from 
a  prisoner,  for  meet  and  drink,  (in) 

(f)  10  Co.  JOO.        (//)  1  Root,  54-        (O-My,  60. 

(j)  Cro.  £liz.  862.     Cro.  Juc.  286.       (*)  Crc.  E£z.  671. 

(/)  10  Co.  1 00.  (M)  JUaH.  S/,cr.  52?,  524. 


36  COMPLETE  CONSTABLE. 

CHAP.  IV.         ^  promise  or  obligation  to  save  the  officer  harmless, 

N"^j^j^      or  to  pay  him  so  much  money,  if  he  will  suffer  the 

prisoner  to  go  at  large,  are  alike  void  at  common 

law :  (o)  But  a  bond  to  save  an  officer  harmless  from 

an  escape  already  happened,  is  good,  (p) 

A  promise  by  a  constable,  that  if  the  defendant  will 
deliver  property,  as  security  for  payment  of  an  exe- 
cution in  the  hands  of  such  constable  for  collection, 
he  will  wait  thirty  days,  before  he  will  sell  the  proper- 
ty, is  a  promise  without  consideration  and  void.  (q). 

The  condition  of  a  bond  was,  that  whereas  the  plain- 
tiff as  constable  of  the  town  of  M.  had  taken  one  S.  B. 
as  a  prisoner,  by  virtuti  of  i  warrant  from  J.  S.  Esq. 
justice  of  the  peace ;  and  therefore,  if  the  defendants-, 
or  either  of  them  shall  deliver  up  the  said  S.  B.  on  the 
day,  &c.  or  sooner,  if  the  defendants  or  either  of  them 
shall  see  cause,  the  bond  shall  be  void  ;  it  was  deter- 
mined that  the  plaintiff  had  no  right  in  the  exercise 
of  his  office  to  take  such  bond  :  And,  that  the  permis- 
sion by  the  constable  to  the  prisoner  to  go  at  large 
after  the  arrest,  amounted  to  a  voluntary  escape  : 
And  that  the  bond  intended  to  protect  him  against  his 
OM  n  misconduct,  is  void  at  law.  (r) 

If  an  officer  arrest  a  defendant  by  virtue  of  a  writ 
or  warrant,  and  permit  him  to  go  at  large  to  procure 
bail,  on  an  agreement  by  the  person  arrested,  that  he 
will  return  to  such  officer  on  a  day  agreed,  but  does 
not  return,  the  officer  cannot  retake  such  defendant, 
by  virtue  of  the  same  writ  or  warrant.(*) 


(o)  Dolt.  S/ier.  524.  10  Co.  101.  102. 
(ft  10  Co,  100.    5  Mod.  225.       (?)  2  John  Refi.  193. 
(r)  5  Mass.  T,R,  517.    (s)  Dalt.  Sker.  112, 113,    Com, 
Sher.  99. 


COMPLETE  CONSTABLE. 


CHAPTER  V. 

EXECUTION. 

TCHAP    V. 
HE  usual  form  of  execution  for  the  collection  of     \^rv**s 

money  only,  runs  against  the  money,  goods,  chattels    Executi  >n 
and  lands  of  the  debtor,  and  for  want  of  such  money,    sjL,-ne(}  and* 
goods,  chattels  or  lands,   against   the  body,  (a)     But    directed, 
in  executions  against  a  sheriff  or  insolvent  debtor,  de- 
clared to  be  such  by  the  Superior  Court  in  certain  ca- 
ses, and  in  some  cases  of  special  acts  of  insolvency,  gran- 
led  by  the  General  Assembly,  and  on  judgments  render- 
ed against  executors  and  administrators  as  such,  the 
command  to  take  the  body,  is  omitted. 

So  also,  in  executions  against  bodies  corporate, 
"which  cannot  be  imprisoned.  Though  executions 
run  against  the  lands  of  a  debtor,  which  may  be  taken 
and  set  off  in  satisfaction  of  such  executions  ;  yet  it 
is  at  the  election  of  the  creditor  to  take  the  lands  or 
the  body  of  his  debtor,  in  case  personal  estate  cannot 
be  found  sufficient  to  satisfy  the  execution. (c)  But  if 
the  debtor  at  any  time  before  commitment  on  execu- 
tion, tender  to  the  officer  within  his  jurisdiction,  suffi- 
cient money,  goods  or  chattels  to  satisfy  the  same, 
the  officer  is  obliged  to  accept  such  money,  goods  or 
chattels,  and  omit  to  take  the  body  of  the  debtor ; 
or  if  already  taken,  to  release  it,  if  such  debtor  gives 
satisfactory  evidence  to  the  oflicer,  that  the  goods  and 

(a)  1  &<rt.  351.  0)  Ibid.  282. 


56  COMPLETE  CONSTABLE. 

CHAP.  V.  chattels  so  tendered  are  in  fact  the  debtor's  propei- 
£^^^  ty.  (d)  Executions  issued  on  judgments  rendered  by 
assistants  or  justices  of  the  peace,  must  be  signed  by 
the  assistant  or  justice  who  rendered  such  judgment, 
and  must  be  made  returnable  in  sixty  days  from  the 
date  of  such  execution.  And  if  issued  on  judgment 
rendered  by  a  County  or  Superior  Court,  must  be  signed 
by  the  clerk  of  the  Courts  which  rendered  such  judg- 
ment, and  be  made  returnable  within  sixty  days  next 
ensuing,  or  at  the  election  of  the  creditor,  to  the 
next  term  of  such  Court,  in  case  sixty  days  are  re- 
maining between  the  date  of  such  execution  and  the 
next  Court,  (c)  Executions  issued  by  the  Supreme 
Court  of  Errors,  and  by  the  General  Assembly,  must 
be  signed  by  the  Secretary  of  the  State,  as  clerk  of 
such  Courts  for  the  time  being,  and  made  returnable 
in  the  same  manner  as  executions  issued  by  the  Supe- 
rior Court.  All  executions,  except  those  in  which 
the  sheriff  is  a  party,  are  directed  to  the  sheriff  or 
his  deputy  of  the  County,  and  the  constables  of  the 
town  where  to  be  executed  :  (f)  (or  to  a  city  sheriff, 
or  baliff  of  a  borough,  where  to  be  executed  within 
the  limits  of  such  corporation,)  and  run  through  the 
State,  when  signed  by  a  justice  of  the  peace  or  clerk 
of  a  Cotiuty  Court,  as  well  as  when  signed  by  an  as 
sistant  or  clerk  of  the  Superior  Court. 

Officer  levy-  When  any  constable  or  other  officer,  to  whom  an 
ing  roust  de-  execution  is  directed,  receives  the  same  for  service,  he 
ment.  must  repair  to  the  debtor's  usual  place  of  abode,  (if 

within  his  preciucts,)  and  there  make  demand  of  the 
debt  or  sum  due  on  such  execution,  with  all  neces- 
sary charges  of  executing  the  same  ;  and  upon  refusal 
or  neglect  of  payment  thereof,  the  officer  must  levy 
the  execution  upon  any  of  the  personal  or  moveablc 
estate  of  the  debtor,  except  necessary  apparel,  bed- 

(rf)  1  Slat.  -282.     and  1  Root,  120.  Kirb.  180. 
(f)  1  Slat,  SS3.  (f)  Ibid.  351. 


COMPLETE  CONSTABLE. 

ding,  tools,  arms  or  implements  of  his  household,  ne- 
cessary for  upholding  his  life,  and  upon  such  goods  al- 
so, if  they  be  turned  out  by  the  debtor,  (t)  Every 
debtor  is  also  privileged  to  keep  one  cow,  two  swine 
and  ten  sheep,  wbich  may  not  in  any  case  be  taken  in 
«xecution.  Cj  ) 


CHAP.  V. 


When  the  officer  shall  have  seized  or  taken  the 
goods  or  personal  estate  of  the  debtor,  he  must  forth- 
with draw  an  account  of  the  particulars  of  the  goods 
or  personal  estate  so  taken,  and  set  up  the  same  on 
the  sign  post  in  the  parish,  society  or  borough,  where- 
in he  seized  the  same,  whether  such  sign  post  stands 
in  the  town  whereof  he  is  constable,  and  wherein  the 
goods  were  seized,  or  not,  and  with  the  account  of  the 
said  goods,  must  set  up  a  declaration  that  the  goods 
so  posted,  are  to  be  sold  at  the  place  where  posted,  at 
public  vendue,  at  the  expiration  of  twenty  days,  af- 
ter naming  the  day  of  the  month  ;  and  if  the  debtor 
shall  not  within  the  said  twenty  days,  pay  the  debt 
and  all  the  cost  and  charges  arisen  therein,  the  officer 
must  cause  a  drum  to  be  beaten  at  the  sign  post,  to 
give  notice  to  the  customers  to  come,  and  must  sell 
the  said  goods,  (or  as  may  as  shall  be  necessary,)  at 
an  outcry,  to  the  highest  bidder  ;  and  of  the  effects 
thereof  must  pay  the  debt  and  charges  due  to  the  cred- 
itor, and  satisfy  himself  for  his  own  fees  and  charges; 
and  the  overplus  if  any  there  be,  return  to  the  owner 
thereof.  (*) 

For  the  purpose  of  taking  goods  and  chattels  in  exe-    Execution 
cution,  the  officer  may  not  break  open  the  outward  door    on  goods  and 


of  the  defendant's  dwelling  house  ;  nor  so  much  as 
raise  a  window,  or  a  latch  of  such  outer  door,  nor  if 
a  little  opened,  thrust  in  with  violence.  But  if  his 
goods  and  chattels  are  secreted  in  the  house  of  anoth- 
er, the  officer,  on  demand  of  admission,  staling  tlic 


chatties. 


Cz)  1  Stat.  284. 
f *•)  IbiJ.  582.. 


CJJ  Md.  284.- 


60 


COMPLETE  CONSTABLE. 


CHAP.  V.  cause  and  being  refused,  may  break  the  house  of  suck 
Execution'  otner  Pers°n  where  the  goods  and  chattels  are  deposi- 
ted, either  by  night  or  day.  (l~)  II  the  officer  have 
peaceably  entered  the  defendant's  house,  the  outward 
door  beiug  open,  he  may  break  inner  doors  and  trunks, 
after  demanding  them  to  be  opened,  to  come  at  the 
goods,  (m)  Though  the  officer  may  not  break  the  ou- 
ter door  of  the  defendant's  dwelling,  yet  he  may 
break  the  door  of  a  barn,  standing  at  a  distance  from 
the  dwelling  house,  without  even  requesting  the  owner 
to  open  it,  in  the  same  manner  as  he  may  enter  a 
close,  (n) 

Utensils  of  trade,  erected  by  the  defendant,  such  as 
coppers,  vats,  tables,  partitions,  and  the  like,  though  fix- 
ed to  the  land  ;  and  grain  growing  on  the  land,  and 
other  crops  sown  or  planted  and  gathered  annually, 
may  be  taken  in  execution ;  and  if  necessary,  pulse, 
grain  and  other  crops,  may  be  sold  while  so  growing", 
or  be  gathered  first  and  then  sold  by  the  officer.  But 
hearths  and  chimney  pieces  put  up  by  the  defendant, 
for  the  use  of  the  house,  doors  and  windows,  fruit  and 
other  trees,  or  the  fruit  on  them,  and  common  grass, 
may  none  of  them  be  taken  in  execution  .  (j?)  Nor 
my  the  officer  take  goods  pledged  or  pawned ;  nor 
articles  demised  or  let  to  another  ;  nor  goods  taken  in 
custody  on  a  former  execution,  (q)  unless  in  the  cus- 
tody of  the  same  officer  5  (r)  or  unless  the  officer  who 
first  took  the  goods  had  returned  that  he  had  found 
more  ;  (s)  nor  may  deeds,  bonds,  notes  of  hand,  bank 
notes,  nor  other  writings,  nor  choses  in  action  :  They 
are  of  no  intrinsic  value,  nor  can  he  give  any 
title  to  them  by  the  forms  of  a  sale,  (t}  But  specie, 

(/)  5  Co.  93.    3  Cam.  Dig.  299.    (m)  Ibid.  Cro.  Eliz.  909. 

(n)  Ibid.  1S9.  (70  3  Co.  10.  1  Salfc.  363. 

3  Com.  Dig  <99.  3  Bos.and  Pul.181.  6Eas(.C>Q4,.  2  John. 
Rep  418.  '  (?)  3  Com.  Dig.  *99.  3  Mod.  Rep.  2,^6. 

(r)  5  Mass.  T.  R.  373.  174.  («)  Com.  Dig.  299. 

(0  Cos.  Temp.    Ld.  Hardw.  II.  53.    Sup.  C.  C. 


COMPLETE  CONSTABLE.  61 

gold  and  silver  coin,   may  be  taken  in  execution,  and     CHAP.  V. 

endorsed  at  its  statute  value,  (u)  ^^^^^ 

Execution. 

If  there  be  joint  partner*,  and  execution  issue  a- 
gainst  one,  the  partnership  goods  may  all  be  taken  ; 
but  the  officer  must  sell  only  the  defendant's  share, 
and  that  subject  to  all  leg  :1  claims  upon  it,  and  the 
purchasers  will  be  tenant  in  common  with  the  other 
partner,  (v) 

If  an  execution  issue  against  a  corporation,  the  offi-  Against  cor- 
cer  cannot  take  the  goods  which  a  member  of  such  P°ratlons' 
corporation  has  in  his  natural  capacity,  but  must 
take  the  goods  of  the  corporation  only  :  (ro)  Nor 
may  he  take  several  chattels  where  one  is  evidently 
sufficient  for  the  debt  and  costs  :  Nor  may  he  de- 
tain the  chattels  taken  till  the  money  be  levied  ;  (x) 
but  must  according  to  the  directions  of  the  statute, 
proceed  to  sale,  and  if  he  keep  them  beyond  the  twen- 
ty days,  though  by  agreement  with  the  parties,  he  can- 
not make  a  v:*lid  sale  by  virtue  of  the  execution  as 
against  another  creditor  ;  unless  he  levy  anew,  and 
post  for  another  twenty  days  ;  and  if  before  such  new 
taking,  they  be  seized  by  another  officer  under  anoth- 
er execution,  he  may  lawfully  proceed  as  though  they 
had  not  been  taken  on  the  first  execution,  (y) 

When  an  officer  has  taken  goods  in  execution,  he 
may  sell  them,  and  complete  the  execution  of  the 
writ,  though  the  term  of  his  office  expires  and  is  de- 
termined, before  the  legal  day  of  sale  ;  (s)  but  if  a  le- 
vy and  sale  be  made  by  an  officer,  after  the  execution 
is  returnable,  he  acts  altogether  without  authority, 
and  is  liable  as  a  trespasser.  The  latest  period  which 
the  law  allows  for  the  service  of  an  execution,  is  the 

(«)  1  Crunch,  134.     1  Root,  11G.     (v)  1  Salk.T-92.    3  Bog. 
and  Pal.  -J93.         (TO)  3  Com.  Dig.  299.        (*)  Ibid.  300. 
(y)  Sufi.  C.  C.    5  Mass.  T.  R.  599.    (-)  0  Mod.  S9J.  299. 


68  COMPLETE  CONSTABLE. 

CHAP.  V.     return  day,  after  which  the  power  of  the  officer  under 
jg^V     such  execution  is  gone,  (a) 

A  sale  by  an  officer,  legally  made,  continues  good, 
though  the  judgment  be  afterwards  reversed  ;  for  the 
money  only  shall  be  restored,  if  the  sale  was  to  a  stran- 
ger ;  otherwise  of  a  term  to  the  plaintiff,  (i) 

When  goods  sufficient  to  satisfy  the  judgment,  are 
seized  on  an  execution,  the  debtor  is  discharged,  even 
if  the  officer  waste  the  goods,  and  make  no  sale,  (c) 

Yet  it  seems,  that  after  the  time  has  expired  in 
•which  by  law  they  ought  to  have  been  sold  by  the 
officer  on  the  execution,  if  in  being,  they  of  right  be- 
long to  such  debtor,  who  may  take  them,  such  levy 
notwithstanding,  (rf)  as  may  also  any  other  creditor 
take  them  in  execution,  as  such  debtor's  property,  (e) 

If  an  officer  have  money  in  his  hands,  collected  on 
an  execution  in  favour  of  A.  against  B.  and  have  an- 
other execution  in  favour  of  C.  against  A.  the  officer 
may  not  levy  C's  execution  on  the  money  so  collect- 
ed of  B.  until  it  is  paid  over  to  A.  and  in  his  actual 
possession. 

Lew  if  com-        ^  an  °fficer  commence  levying  an  execution,  and 
mence'l,          take  goods  upon  it,  and  is  afterwards  served  with  a  co- 
completed.      Pv  °f  a  w"t  °f  error  Brought  by  the  defendant  in  the 
execution,  to  reverse  the  judgment  on  which  it  issu- 
ed, the  officer  must  notwithstanding,  proceed  with  his 
levy  and  make  sale  of  the  goods  taken,  (f) 

If  an  officer  collect  money  on  an  execution  in  favour 
of  A.  and  before  the  return  day  of  such  execution,  and 

(a)  3  Day,  1.  1  Root,  101.  4  Johns.  Rcji.  446.  M  Y. 
T.  R.  243,  1  Sulk.  321.  Cro.  Jac.  505,  506. 

(£)  5  Co  90      Yel  ISO         (c)  4  Mass.  T.  R  403. 

(rf)  5  Ibid.  399.    4.  East  4  523.      (<?)  1  Cranch,  117. 13g. 

Cf)  2  Day,  379. 


COMPLETE  CONSTABLE.  63 

before  any  demand  has  been  made  by  A.  upon  the  CHAP.  V. 
officer  for  the  money  so  collected,  he  is,  as  r.geut,  factor,  v^^*^' 
trustee  and  debtor  to  A.  served  with  a  copy  of  a  foreigu 
attachment,  brought  by  B.  against  A.  such  officer  may 
nevertheless,  safely  pay  over  to  A.  the  money  so  col- 
lected, for  an  officer  holding  an  execution,  for  the 
collection  of  money,  is  not  the  agent,  factor  nor  trus- 
tee of  the  creditor,  but  the  agent,  &c.  of  the  law,  and 
\vhen  the  money  is  so  collected,  such  officer  does  not 
become  the  debtor  of  the  creditor  in  the  execution,  un- 
til after  demand  and  refusal,  (g) 

If  an  officer  having  an  execution  in  his  hands  for  ser- 
vice, neglects  an  opportunity  to  seize  the  goods  of  the 
debtor,  such  officer  thereby  becomes  liable  to  the  cred- 
itor for  all  damages  sustained  iu  consequence  of  such 
neglect,  (/t) 

Though  an  officer  has  taken  the  body  of  a  debtor  in, 
execution,  yet  if  before  commitment,  and  while 
"within  the  jurisdiction  of  such  officer,  the  debtor,  to  ob- 
tain the  release  of  his  body,  tender  to  such  officer,  per- 
sonal estate  unquestionably  belonging  to  such  debtor, 
and  of  value  evidently  sufficient  to  satisfy  the  execu- 
tion, costs  and  charges  thereon,  such  officer  must  re- 
lease the  body  of  such  debtor,  and  take  the  personal 
estate  ;  and  on  refusal  so  to  do,  will  be  liable  in  false 
imprisonment,  (i) 

Though  sales  on  execution  must  be  made  at  the  sign 
post,  yet  the  property  sold  need  not  in  all  cases  be  broughS 
thither.  A  ship  on  the  stocks,  or  at  anchor,  cannot 
be  so  brought.  Bulky  articles,  such  as  hay,  and  even 
hogsheads  of  rum  have  been  sold  by  sample,  and  the 
sale  held  good.  (~jj  By  parity  of  reason,  timber  and 

(.§•)  Mass.  T.  R.  289.  (/;)  1  Day,  128. 

(i)  Kirb.  ISO.  1  Root,  120.  (j)  Sup.  Court.  Lacetj,  &c. 
v.  UoardmaK,  IsV, 


COMPLETE  CONSTABLE. 


CHAP.  V. 
Execution. 


Levy  of  exe- 
cution on 
goods  and 
chattels. 


wood  may  in  cases  of  necessity,  where  the  expense 
of  removal  will  in  a  great  measure  defeat  the  object,  be 
sold  without  removal  to  the  sign-post.  A  sale  of  goods 
liable  to  destruction  from  the  weather,  was  on  a  stor- 
my day,  made  at  a  house  thirty  rods  from  the  sign- 
post, and  held  good. 

The  principles  which  govern  in  the  rules  for  pro- 
ceeding in  serving  writs  of  attachments  on  goods  and 
chattels,  are  equally  applicable  in  cases  of  seizure  by 
virtue  of  writs  of  execution  ;  which  see  at  large  under 
the  head  of  attachments ;  ante. 


On  shares  in 

corporate 

companies. 


On  lands. 


The  levying  any  execution  on  any  rights  or  shares  of 
the  debtor  in  the  stock  of  any  bank,  insurance  compa- 
ny, turnpike  company  or  corporation,  with  the  inter- 
ests and  profits  thereon,  must  be  by  leaving  a  true 
and  attested  copy  thereof  with  the  Cashier,  Secretary 
or  Clerk  of  such  bank,  company  or  corporation,  with 
an  attested  certificate  by  the  officer,  that  he  levies  up- 
on, and  takes  such  rights  or  shares  to  satisfy  such  exe- 
cution. And  the  officer  must  thereupon,  post  the  same 
according  to  law,  and  as  in  other  cases,  must  at  vendue, 
sell  the  same  together  with  the  interest,  rents  and  pro- 
fits, or  so  many  thereof  as  shall  be  sufficient  to  satis- 
fy such  execution,  or  so  much  thereof  as  such  rights  or 
shares  may  produce.  And  such  officer  must  thereupon 
give  to  the  purchaser,  an  instrument  in  writing,  con- 
veying to  him  such  right  or  shares,  and  must  also  leave 
with  such  cashier,  secretary  or  clerk,  a  true  and  attes- 
ted copy  of  the  execution,  and  of  his  return  thereon,  (o) 

In  case  moveable  or  personal  property  of  the  debtor 
sufficient  to  satisfy  the  debt  and  charges  thereon,  can- 
not be  found,  if  the  creditor  so  direct,  the  officer  must 
seize  such  of  the  debtor's  lands  and  tenements,  belong- 
ing to  him  in  his  own  proper  right  and  fee,  as  the  credi- 


Sto(.  CO,  61. 


COMPLETE  CONSTABLE. 

tor  may  elect  to  t  >ke,  and  must  thereupon,  call  upon 
the  creditor  and  debtor  each  to  choose  an  indifferent 
freeholder  of  the  to\vu  wherein  the  lands  or  tenements 
so  seized  lie,  and  to  agree  upon  a  third  indifferent  free- 
holder of  such  town,  to  appraise  such  lands  or  tene- 
ments, unless  such  town  be  a  party  to  such  execution, 
in  which  cr.se,  such  choice  and  agreement  must  be  of 
freeholders  from  the  next  adjoining  town.  If  either  of 
the  parties  refuse  or  neglect  to  make  such  choice,  or  if 
they  do  not  agree  upon  a  third  appraiser  the  officer 
must  apply  to  the  next  assistant  or  justice  of  the  peace, 
who  by  law,  may  judge  between  the  parlies  in  civil  ca- 
ses, which  authority  must  appoint  one  or  more  apprais- 
ers, as  the  case  may  require  ;  v,  hich  appraisers  must 
be  sworn  according  to  law  ;  all  which  having  been 
done,  and  the  lands  or  tenements  appraised  by  such  ap- 
praisers, agreeably  to  their  oath,  according  to  the  true 
and  just  value  thereof,  such  officer  after  having  endor- 
sed upon  such  execution  all  the  proceedings  aforesaid, 
according  to  the  truth  of  the  facts,  (including  a  de- 
xn.-nd  of  payment  [reviews  to  the  levy,  if  such  debtor 
live  within  the  precincts  of  the  officer.)  must  cause  the 
execution  with  his  endorsement  thereon,  to  be  record- 
ed in  the  record  of  lands  in  the  town  wherein  such 
lauds  or  tenements  are  situ;  ted,  and  then  return  such 
execution,  so  endorsed,  into  the  office  of  the  clerk  of 
the  Court  out  of  which  it  issued,  (p) 

If  an  officer  return,  that  an  appraiser  was  appointed 
by  a  justice  of  t-ie  pe^ce,  but  does  not  state,  Hint  the 
debtor  refused  to  choose,  or  UK  t  the  parties  did  uoi 
agree  in  the  choice  of  an  appraiser,  the  return  is  bad, 
the  levy  void  ;  and  110  title  to  the  land  is  conveyed  to 
the  creditor,  (q) 

•  If  an  execution,  issued  in  favour  of  a  married  wo- 
man, on  a  judgment  in  an  action  commenced  by  her 

C/z)  1  Stai.  282, 283, 54ft.  (?)  2  Mass.  T.  R.  154, 


CHAP.  V. 


00 

CHAP.  V. 
Execution. 


COMPLETE  GOJN'STABL^. 

while  single,  be  levied  upon  land,  she  musj,  as  the 
creditor,  choose  one  of  the  appraisers,  and  such  must 
be  the  return  of  the  officer.  And  though  the  estate  of 
the  debtor  be  but  an  estate  for  life,  or  a  chattel  inter- 
val, he  holding  under  a  lease  for  nine  hundred  and 
ninety-nine  years  only,  it  mutt  be  appraised  and  set  off 
in  the  same  manner  as  where  he  is  tenant  in  lee  sim- 
ple, (r) 

Any  justice  of  the  peace,  of  the  town  where  the  land 
lies,  may  appoint  appraisers,  though  not  the  nearest  to. 
the  land  :  And  if  the  parties  agree  upon  a  teuai:t  of 
the  debtor  for  an  appraiser,  knowirg  him  to  be  such, 
neither  of  them  in;>y  afterwards  allege  that  he  was 
not  indifferent  ;  and  an  apjraisal  by  him  will  he 
good,  (s)  But  an  appraisal  made  by  u  freeholder  of 
another  town,  thoi.gh  Agreed  upon  by  the  parties,  will 
be  b;;d,  and  the  levy  void,  and  no  title  be  acquired  by 
the  creditor  in  such  execution,  (f) 

After  a  levy  upon  land  by  the  direction  of  the  cred- 
itor, and  an  appraisal  thereof,  the  officer  cannot  desist, 
and  at  the  request  of  the  creditor,  take  personal  es- 
tate ;  and  if  he  sp  do,  an  action  of  trespass  lies  against, 
such  officer  for  the  taking  such  personal  estate,  as 
much  as  if  the  execution  had  been  satisfied  years  be- 
fore, (u) 

The  officer  who  levies  an  execution  upon  land, 
whether  the  estate  of  the  debtor  therein,  be  an  estate 
in  fee  or  for  life,  or  a  term  for  years,  and  held  in  sever-, 
ally  and  umi:cumbered,  must  cause  the  i\hole  estate 
of  the  debtor  in  the  land  so  taken,  lobe  appraised,  and 
then  set  off  so  much  thereof  by  metes  and  bounds,  as 
will  at  such  appraisal,  satisfy  the  execution  and  cost  of 


(r)  2  Root,  15.  328. 
(t)  Ibid.  196. 


(*)  1  Ibid.  141. 
(w)  2  Day  317. 


levying,  if  there  be  sufficient  of  the  land  whereon  the      CHAP  V. 
levy  is  made.  (,)  E££|^ 

If  an  officer  levy  an  execution  on  real  estate,  sub- 
ject to,  and  iiicumbered  with  sums  due  on  a  mortgnge, 
the  right  or  equity  of  redemption  only,  can  be  apprai- 
sed ;  nnd  if  appnised  at  more  than  the  amount  of  the 
execution,  charges  of  levying  and  officer's  fees,  he  can- 
not set  out  a  part  of  the  land  by  tnetrs  and  bounds,  but 
inust  set  off  to  the  creditor  such  a  proportion  of  the 
right  or  equity  of  redemption,  being  an  undivided  right, 
as  the  amount  of  the  execution,  officer's  fees  and  other 
Charges,  bear  to  the  whole  appraised  value  of  such 
right  or  equity  of  redemption,  (fr) 

If  moveable  or  personal  estnte  of  the  debtor,  suffi-  Levy  of  exe- 
cient  to  s-itisly  the  debt  and  charges,  cannot  be  found,  cutiononthr 
and  the  creditor  does  not  agree  to  take  the  debtor's  land 
in  satisfaction  thereof,  the  officer  inut  arrest  the  body 
of  the  debtor,  and  him  commit  to  the  common  gaol 
in  the  county  wherein  the  execution  is  levied  ;  and  at 
the  time  of  commitment,  deliver  to  the  gaoler  or  prison 
keeper,  a  true  and  attested  copy  of  the  execution,  by 
virtue  of  which  the  commitment  is  made  ;  and  must, 
•when  committing  on  a  warrant  of  distress,  deliver  to 
the  gaoler  or  prison  keeper  a  like  attested  copy  of 
Such,  warrant,  (a) 

If  the  officer  put  his  hand  on  the  prisoner,  or  only 
touch  him,  saying  he  arrests  him,  it  is  sufficient;  with- 
out shewing  the  execution  or  saying  at  whose  suit  it 
issued,  if  the  debtor  does  not  enquire,  and  thut  though 
the  officer  have  the  execution  in  his  pocket,  or  have 
two  there,  and  do  not  say  on  which  the  debtor  is  taken, 
for  he  is  by  such  arrest  holden  on  both  :  (A)  But  if 

(v")  2  Root,  15.  328.        (w)  2  Day,  317. 

(«)  1  Slat.  282.  (6)  Cro.  Jac.  4S5, 486.  1  Salk.  79. 


68  COMPLETE  CONSTABLE. 

CHAP.  V.      the  debtor  request  it,  the  officer  ought  to  read  him  the 

^g^~^^^>     execution,  (c) 
.Execution. 

Words  only,  do  not  constitute  an  arrest,  there  must 
be  an  actual  touching  of  the  body,  or  a  power  of  ta- 
king it,  and  a  declaration  by  the  officer,  tint  he  makes 
an  arrest,  and  a  submission  thereto  by  the  debtor,  (d) 

If  after  an  arrest  made,  the  debtor  escape  into  his 
house,  the  officer  may  break  open  the  house  to  retake 
him.  («) 

To  make  an  arrest  in  the  first  instance,  the  officer 
may  break  the  house  of  a  stranger  where  the  debtor 
is  seen  ted  ;  but  he  must  be  certain  fie  debtor  is 
there,  and  first  make  flemaud  of  admittance,  st.'ting 
the  ciuse,  otherwise  the  owner  or  tenant  may  lawfully 
resist,  and  will  also  be  entitled  to  his  action  against 
such  officer,  (fj) 

If  before  an  arrest  be  made,  the  debtor  pay  the  debt, 
lie  may  not  be  arrested  ;  and  when  taken,  if  he  satisfy 
the  execution,  the  officer  must  discharge  him.  (g) 

If  the  officer  be  served  with  a  copy  of  a  \rr\t  of  error, 
prosecuted  by  the  debtor,  for  the  reversal  of  the  judg- 
ment on  which  the  execution  issued,  or  the  original 
•writ  of  error  be  delivered  to  such  officer  for  service, 
before  am  arrest  made  by  virtue  of  such  execution, 
no  arrest  uuy  then  be  made.  (K) 

If  the'creditor  consent  to  discharge  one  of  several 
defendants  taken  on  a  joint  execution,  he  may  not  af- 
terwards be  retaken  ;  nor  may  the  others  be  holdeq. 
A  discharge  to  one  is  a  discharge  to  all.  (i) 

(r )  6  Co  54.  (rf)  1  Salk.  79.    Bui.  M  P.  62. 

(e )  T  Salic.  79.    6  Com.  Dig.  303. 

ft}  3  Ibid  303.  (.§•)  Cro.  Eliz.  404. 

(A)  Com,  Dig.  303, 304.     (i)  6  Term  Reft.  52& 


COMPLETE  CONSTABLE.  69 

If  an  execution  be  good  011  the  face  of  it,  the  officer     CHAP.  V. 

is  bound  to  execute  it.  (j  )  ^^"v^"/ 

^•JJ  Execution. 

An  execution  returnable,  "  according  to  law,"  runs 
to  the  next  Court,  which  is  to  commence  at  the  dis- 
tance of  sixty  days  or  more  from  the  date  of  such  exe- 
cution, and  may  be  levied  at  any  time  before  the  ses- 
sion of  such  Court,  commencing  its  session  sixty  days 
or  more  from  said  date.  (&) 

If  an  officer,  for  want  of  money,  goods,  or  chattels 
of  the  debtor,  take  his  body  in  execution,  and  the  debt- 
or thereupon  tender  personal  estate  apparently  suffi- 
cient to  satisfy  the  execution,  and  the  officer  there- 
upon release  the  body  and  t  Jcc  the  goods,  and  on  sale 
they  prove  to  be  insufficient,  he  may  for  the  residue, 
take  further  goods,  if  to  be  found,  and  if  not,  may 
again  take  the  body  in  execution  ;  for  his  release  of 
the  body  was  lawful,  and  no  voluntary  escape  which 
precludes  a  retaking.  (/)  Notwithstanding  the  gene- 
ral principle,  that  an  officer  cannot  retake  his  prisoner 
after  a  voluntary  escape,  it  has  been  held  th.it  an  offi- 
cer who  had  taken  a  debtor  in  execution,  and  at  his  ( 
request,  permitted  him  to  go  at  large  on  his  promise  | 
to  return,  might  retake  such  debtor  at  any  time  with- 
in the  life  of  the  execution,  and  commit  him  to  prison  ; 
and  that  the  officer  for  so  doing,  neither  subjected 
himself  in  false  imprisonment  to  the  debtor,  nor  for 
the  escape  to  the  ci  editor,  (m)  Though  such  has  been 
the  decision,  no  prudent  officer  ought  to  risk  the 
question  being  made  again. 

When  goods  or  chattels,  taken  in  execution,  are  re- 
ceipted by  any  person,  who  in  the  receipt,  promises  to 
redeliver  such  goods  or  chattels  to  the  officer,  at  the 

(j)  Kirby  ISO.  (*)  1  Root,  101. 

(O/rf/rf.120.    Kirb.UQ.    (m)  2  Root,  133. 


COMPLETE  CONSTABLE. 

time  and  place,  of  sale,  and  viol  ties  sucli  his  under- 
taking, and  an  action  is  brought  on  such  receipt,  no 
appeal  may  be  granted,  (n) 

In  all  cases  where  the  debtor  in  the  execution  nnn> 
ed,  lives  within  the  jurisdiction  of  the  officer  holding 
the  same  for  collection,  he  must  at  the  usual  place  of 
abode  of  such  debtor,  m.ske  demand  of  payment  of 
such  execution,  before  he  can  lawfully  take  either  per- 
sonal or  real  estate  :  And  in  his  return,  he  mu&t  al- 
ways state  such  demand's  having  been  BO  made,  (p) 

Fees  for  le-  When  an  execution  is  levied  and  collected,  the  offi- 
vying  must  ccr  must  endorse  thereon  the  amount  of  his  fees  for 
such  levy  or  collection,  and  the  items  constituting  the 
same  ;  and  at  any  time  previous  to  returning  such  ex- 
ecution into  the  office  whence  it  issued,  must  if  there- 
to required  by  the  debtor,  deliver  to  him  without  any 
fee  or  reward,  a  bill  of  such  fees  by  him  charged,  sign- 
ed by  him,  containing  the  items  and  expressing  the 
name  of  the  creditor  in  the  execution,  the  court  which 
issued  the  same,  together  with  the  d  ite  and  amount 
thereof;  and  in  case  of  refusal  or  neglect  to  iri.ike  such 
endorsement,  or  deliver  such  bill,  if  required,  such  offi- 
cer shall  forfeit  and  pay  to  such  debtor  a  sum  equal  to 
threefold  the  amount  of  his  fees  on  such  execution,  (q) 

If  any  officer,  for  the  payment  or  security  of  the 
amount  due  on  any  execution,  or  any  p?rt  thereof, 
take  more  than  one  bond,  bill,  note,  receipt  or  other 
instrument  to  himself  directly,  or  to  any  other  per- 
son for  his  use,  or  in  which  he  shall  be  directly  or  in- 
directly interested,  every  such  bond,  bill,  note,  receipt 
or  other  instrument  is  utterly  void,  (r) 


(n)  1  Slat.  602.  (p.)  Ibid.  184. 

(?)  Ibid.  603.  (r)  Ibid. 


COMPLETE  CONSTABLE. 

If  any  person,  authorised  either  generally  or  special- 
ly, to  serve  any  kind  of  process,  shall  for  any  such 
service  by  him  performed,  endorse  as  his  fees  on  such 
process,  more  than  by  law  he  ought  to  have  endorsed, 
or  shall  in  any  way  demand  or  receive  for  such  service, 
more  than  his  lawful  fees,  he  shall  forfeit  and  pay  a 
sum  threefold  greater  than  the  amount  of  such  excess, 
to  be  recovered  by  the  person  against  whom  such  ille- 
gal charge  is  made.  (*) 


(*)     &at.  6Q&. 


COMPLETE  CONSTABLE. 


CHAPTER  VI. 


RESCOUS. 


VI.  J_%>ESCOUS  is  the  taking  away  and  setting  at  liber- 
ty against  law,  a  distress  for  rent  or  services,  or  dam- 
age feasant ;  or  forceably  freeing  another  from  arrest, 
or  legal  commitment ;  and  is  a  high  offence,  subjecting 
the  offender  not  only  to  an  action  at  the  suit  of  the 
party  injured,  but  likewise  to  fine  and  imprisonment, 
on  public  prosecution."  (a) 

Rescous  cannot  be  committed  unless  the  chattels  or 
person  supposed  to  be  rescued,  be  in  actual  custody  of 
the  party  from  whom  the  rescue  is  made  ;  for  if  a 
man  come  to  make  an  arrest,  or  distrain,  and  is  distur- 
bed or  obstructed  before  having  made  the  arrest,  or 
seized  the  distress,  it  is  no  rescous,  and  the  remedy  is 
by  action  on  the  case  for  the  disturbance  :  But  if  ha- 
ving taken  the  cattle  by  distress,  and  while  driving 
them  to  pound,  they  go  into  the  owner's  house,  and 
he  refuse  to  deliver  them,  it  is  a  rescue  in  law.  (b) 

The  officer  may  return  a  rescue  upon  me sne  process, 
and  is  subject  to  no  action ;  for  he  is  not  obliged  to 
lake  the  power  of  the  county,  though  he  is  obliged  to 
make  arrest,  if  he  see  the  defendant  and  can  do  it. 
But  if  the  person  arrested  on  mesne  process,  be  com- 
mitted within  the  prison,  or  the  sheriff  had  noiice  so 

(a )  Cok.  Lit.  160.    F.  JV.  -B.  226.  (/>)  Ibid, 


COMPLETE  COKSTAfcLE.  7S 

that  he  could  have  raised  the  posse  cmiitatus,  he  may     CHAP.  VI. 
•ml  return  the  rescue  except  by  public  enemies,  (c)          SRe^codT<' 

The  return  of  rescous  ought  to  be  certain,  and  must 
show  that  the  person  rescued  was  in  custody,  (rf)  and 
where  he  was  arrested,  and  where  rescued,  that  it  may 
appear,  that  it  was  within  the  officer's  jurisdiction. — 
The  time  when  the  arrest  was  made,  must  also  be  set 
forth,  and  from  whose  immediate  custody,  (e) 

If  an  officer  make  an  arrest  and  there  is  an  attempt 
to  rescue  the  person  arrested,  the  officer  may  use  all 
necessary  force  to  prevent  it ;  and  in  an  action  against 
him  for  a  battery,  the  attempt  to  rescue  will  be  a  suffi- 
cient justification.  ("/_) 

Though  on  mesne  process,  rescue  is  a  good  return  in 
ordinary  cases,  yet  upon  an  execution,  the  sheriff  may 
not  return  a  rescous,  unless  it  be  done  by  public  ene- 
mies. If  the  rescue  be  made  by  a  mob,  in  a  riot  ever 
so  strong,  it  will  not  justify  the  officer. 

If  an  officer  seize  goods  upon  execution,  and  they  are 
afterwards  taken  away  by  a  stranger,  the  officer  may  not 
return  a  rescue  ;  for  by  virtue  of  the  seizure  on  execu- 
tion, such  officer  has  property  in  the  goods,  and  may 
maintain  trover  or  trespass  for  them. 

By  a  return  of  rescue  of  goods  seized  on  execution, 
the  officer  becomes  liable  to  the  plaintiff  to  the  value 
of  the  goods.(/i) 


(c)  Cro.  Elz.  866.      Cro.  Jac-  419.       4  Co.  84.      4  Term 
Rep.  789.     1  Slat.  488.    5  Bur.  2812. 
(rf)  Com.  Dig.  459-    4  Bac.  Abr.  402. 
(0  Ibid.      4  Bac.  Abr.  402. 

(f)  '  Esfi.  Dig.  315.     Cro.  Jac.  419.    4  Ter.  Rep.  787. 
(A)  4  Bac.  Abr.  396,  397.      Cro.  EHz.639.    Shorn.  180. 

K 


74  COMPLETE  CONSTABLE. 

In  rescue  or  mesne  process,  the  plaintiff  has  his  reme- 
dy against  the  rescuers  only  ,  (i)  but  for  rescue  on  exe- 
cution, against  the  officer,  or  the  rescuers,  at  his  elec- 
tion. If  against  the  officer,  he  may  take  his  remedy 
over  agaihst  the  rescuers,  (j) 


(i)  Cro.  Eliz.  808.     Cro.  Jac.  419.  486. 
(j)  Cro.  Car.  109.    4  Buc.  Mr.  399. 


COMPLETE  CONSTABLE.  75 


E 


CHAPTER  VII. 
ESCAPE. 


I  SCAPE  signifies  a  violent  or  private  evasion  out    CHAP.VH 
of  some  lawful  restraint ;  as  where  a  person  arrested  or     ^^~v~x^ 
imprisoned,  gets  away  before  delivered  by  due  course 
of  law.  (a) 

Escapes  are  either  voluntary  or  negligent ;  volunta- 
ry escapes  are  such  as  are  by  express  consent  of  the 
keeper,  after  which,  he  can  never  retake  his  prison- 
er ;  (6)  but  the  officer  must  answer  for  the  debt. 
Negligent  escapes  are  when  the  prisoner  escapes  with- 
out the  keeper's  knowledge  or  consent,  and  then  upon 
fresh  pursuit,  the  defendant  may  be  retaken ;  and  if 
before  action  brought  for  the  escape,  the  officer  will 
be  excused,  (c) 

An  officer  cannot  be  charged  with  an  escape,  before 
he  1ms  the  party  in  actual  custody,  by  a  legal  author- 
ity. But  if  A.  be  arrested  and  in  actual  custody  of  the 
officer,  and  afterwards  another  writ  be  delivered  to 
him  at  the  suit  of  B.  upon  the  dt livery  of  the  writ,  A. 
by  construction  of  law,  is  immediately  in  custody  on 
B's  writ,  without  an  actual  arrest  :  And  if  he  escape, 
B.  may  maintain  his  action  for  such  escape,  against 
the  officer,  in  the  same  manner,  as  if  he  were  in  custo- 
dy on  B's  writ  only.  (</)  * 

*  Quere.  Is  this  applicable  under  the  practice  in  Connecti- 
cut, where  the  body  may  not  be  taken  u  goods,  &c.  can  be 
found. 

(a)  Imfi.  Slier.  197.  (b)  5  Co.  52. 

(c)  3  Blk:  Com,  415."  (d)  5  Co.  89. 


6  COMPLETE  CONSTABLE. 

^HAP.  VII.        If  an  officer  suffer  a  person  arrested  on  mesne process 

*^^~**-/     to  escape,  he  is  liable  at  common  law  to  an  action  for 
Escape. 

the  damages  thereby  sustained  by  the  plaintiff,  (e)  To 

ascertain  those  damages,  an  enquiry  may  be  made  as 
to  the  amount  of  the  sum  really  due  to  the  plaintiff, 
what  he  has  actually  lost,  and  the  circumstances  of  the 
prisoner,  as  to  ability  for  paymeut,  had  he  not  esca- 
ped, (f)  If  no  debt  can  be  proved  against  the  prisoner, 
no  ;.ction  lies  against  the  officer  for  the  escape,  not  even 
for  nominal  damages,  (g) 

If  an  officer  ;  rrest  a  person  on  mesne  process,  and  he 
be  rescued,  the  officer  may  return  the  rescue,  after 
•which  no  action  for  the  escape  will  lie.  But  after  an 
arrest  on  execution,  an  officer  may  not  return  a  rescue, 
for  in  t!i;it  case  he  is  obliged  to  take  sufficient  force, 
and  may  not  return  that  he  canuot  do  excution.  (h} 

Though  it  is  s->id,  that  an  officer  cannot  retake  his 
prisoner  after  a  voluntary  escape,  this  applies  to  arrest 
upon  execution.  In  such  case,  if  the  officer  volunta- 
rily permit  the  prisoner  to  go  at  large,  though  only  for 
a  miiiute,  he  cannot  ret  ike  him  ;  for  by  such  volunta* 
ry  permission  the  debt  is  transferred  to  the  officer,  and 
then  to  retake  the  prisoner,  would  subject  the  officer 
to  un  action  of  false  imprisonment.  But  an  office? 
•who  h.-.s  arrested  a  defendant  oj]  mesne  process,  though 
lip  voluntarily  permit  the  prisoner  to  go  at  J-=rge  iinme- 
d'uit.  ly  ;>ftcr  the  arrest,  may  retake  him  before  the  re-? 
turn  of  the  writ.  The  officer  may  confine  his  prisoner 
arivsted  on  uiesne  process,  or  permit  him  to  go  at  large, 
provided  hebi.vehimat  tb-  return  of  the  writ,  so  that 
the  phi:.tiTis  not  damnified,  (i)  If  a  prisoner  escape 
•without  the  knowledge  or  consent  of  the  officer,  lie 

(0  Cro.  Eliz.  240.  225.  ffj  1  Johns  215. 

(g)  4  Term.  Refi.  611.  (h}  2  Ztec  Jbr.  239. 

(z)  5  JoJm.  182.    2  Term  Rep.  172.  5  Ibid.  37. 


COMPLETE  CONSTABLE.  77 

may  maintain  an  action  for  the  escape  against  such    CHAP.  VII- 
prisoner,  whether  he  retake  him  or  not.  (»")  ^Escfme"' 

An  action  lies  against  an  officer  for  the  recovery  of 
the  whole  debt,  if  a  defendant  taken  in  execution,  be 
afterwards  seen  atlarge,  for  any  the  shortest  time,  even 
before  the  return  day  of  the  writ,  (j) 

If  a  prisoner  escape  through  the  negligence  of  the 
efficer,  he  may  pursue  and  retake  him  at  any  time  af- 
ter, when  he  can  find  him,  either  in  the  same  or  a  dif- 
ferent county,  and  even  in  another  state,  (k) 

For  negligent  escapes,  on  criminal  process,  the  officer  Escape  on 
is  subject  to  a  fine  only  ;  but  if  an  officer  voluntarily  ™££^ 
and  with  intent  to  save  from  trial,  (in)  or  punishment, 
a  prisoner  charged  with,  and  guilty  of  a  crime,  give 
him  his  liberty,  such  officer  is  thereby  involved  in  the 
guilt  of  the  same  crime,  of  which  the  prisoner  was 
guilty  and  stood  charged  :  (n)  But  if  the  prisoner  was 
not  convicted,  the  officer  can  be  tried  for  a  misprison 
only,  before  the  prisoner  be  retaken  and  condemned, 
except  in  the  case  of  treason,  in  which  he  may  be  tried 
and  punished  for  trenson,  with  out  waiting  for  the  con- 
viction of  the  prisoner.  (0) 

If  a  constable  arrest  a  defendant,  on  a  warrant  issu- 
ed by  a  justice  of  the  peace,  and  after  the  arrest,  the 
constable  permit  him  to  go  home  on  his  promise  to  re- 
turn, and  on  his  way  meets  a  deputy  sheriff  and  goes 
back  with  him,  and  the  deputy  sheriff  arrests  the  de- 
fendant, and  takes  him  to  prison  on  a  criminal  process, 

(i)  Dal.  Sher.  139 

(j)  2  Dlac.  Reft.  1048. 

(£)  3  Co.  5  2.    2  Haiik  P.  C.  200,  201. 

(ni)  2  Hawk.  P.  C.  1QQ,  201. 

(TJ)  Ibid.  199 

(o)  H*wk.  P.  C.  20J.    1  Haivk.P.  C.  JSr.    Salt.  272. 


78  COMPLETE  CONSTABLE. 

CHAP.  VII.    so  that  the  constable  cannot  have  him  before  the  jus- 
v-^~v-^x     tice,  on  the  warrant  upon  which  the  defendant  was 

first  arrested,  it  is  a  voluntary  escape  in  the  constable, 

for  which  he  is  liable,  (p) 

If  a  pei-son  prosecuted  for  the  maintenance  of  a  bas- 
tard child,  be  arrested,  and  afterwards  escape,  and  the 
officer  returns  his  warrant,  he  may  afterwards  retake 
his  prisoner ;  and  if  he  can,  must  do  it,  and  deliver  him 
up  in  court  upon  such  prosecution.  And  if  after  re- 
taking his  prisoner,  the  officer  hold  him  twenty-four 
hours  without  his  warant,  the  same  having  been  re- 
turned to  court,  and  the  prisoner  then  compromise  the 
prosecution,  he  cannot  maintain  false  imprisonment 
against  the  officer,  (q)  If  a  constable  admit  to  bail,  a 
person  arrested  on  criminal  process,  it  is  a  voluntary 
escape  for  which  the  constable  is  punishable,  (r) 


(/O  6  John.  62.  (7)  2  Root,  324. 

(r)  2  Hawk.  P.  C.  198. 


COMPLETE  CONSTABLE.  79 


CHAPTER  VIII. 

RETURN  OF  PROCESS, 

A  CHAP.  VHJ. 

itETURN  is  the  certificate  of  the  officer  to  j^JJJ^J"' 
whom  any  process  is  directed,  statiug  what  he  has'  process, 
done  in  obedience  to  the  commands  therein,  or  the 
reason  of  his  neglect,  and  is  often  the  most  difficult 
part  of  his  duty  ;  as  the  return  ought  to  be,  both  in 
form  and  substance,  according  to  law,  otherwise  the 
officer  may  be  subjected  to  punishment,  and  the  party 
employing  him,  to  damage,  (a)  All  that  the  offier  is 
commanded  by  the  writ  to  do,  he  must  perform  and 
no  more  ;  (ft)  or  show  a  sufficient  reason  for  his  neg- 
lect ;  (c)  and  make  return  of  his  precept  to  the  pro- 
per Court,  on  or  before  the  day  mentioned  therein  for 
its  return,  (d)  The  return  must  always  be  attested  by 
the  officer  who  made  the  service,  (e)  and  must  be  cer- 
tain to  every  intent,  (f) 

• 

If  the  officer,  upon  a  capias,  return  that  he  arrested 
the  defendant  at  D.  and  W.  N.  rescued  him,  it  is  not 
good,  because  it  is  not  shown  where  the  rescue  was 
made  ;  (~g )  he  must  also  return  the  time  when  the 
fact?  took  place.  The  officer  may  return  that  the 
writ  came  to  him  so  late,  that  on  account  of  the  short- 
ness of  the  time,  he  could  not  make  service  thereof,  (ft) 

(a)  Dal  5»«vl62.  (A)  Ibid.  166. 

(r)  5  Com.  Dig  444.  (d)  t>  Mod  159.  196. 25«k 

(r)  Cro.  Ehz.  310  (f)  Dal.  Sher.  168. 

(£•)  Ibid.  168.  and  Ythr.  51.  (A)  Ik*.  163. 


HC  COMPLETE  CONSTABLE. 

CHAP.  VIII.    But  if  he  make  such  return  falsely,  he  is  liable  in 
(0 

If  the  officer,  in  a  replevin,  return  that  the  cattle 
were  in  a  fort,  castle  or  park,  so  that  he  could  not 
make  deliverance,  it  is  bad  ;  for  he  might  have  taken 
the  power  of  the  County  with  him  :  Nor  may  he  in 
such  case  return  resistance,  for  the  same  reason,  (j) 
In  mesne  process,  the  officer  may  return  a  rescous  of 
the  person  arrested  or  goods  attached,  but  not  so  on 
execution,  and  the  reason  of  the  difference  is,  that  in 
mesne  process,  he  is  not  obliged  to  call  m  the  pOAver  of 
the  county ;  but  in  doing  execution  he  must,  if  neces- 
sary. (A) 

If  the  return  of  a  rescous  does  not  show,  that  the 
defendant  was  in  custody,  and  where  arrested,  it  is  m- 
sufficient.  (I)  If  the  officer  return,  that  the  defend- 
ant was  rescued  in  the  county  aforesaid,  without  say- 
ir:£  in  my  bailiwick,  it  is  good,  (m)  If  on  a  return  of 
rescous  of  two  persons,  it  is  only  said  that  they  could 
not  afterwards  be  found,  without  saying,  nor  either  of 
them,  it  is  bad.  (n) 

The  officer  may  not  return  in  replevin,  that  there 
were  no  such  goods  or  cattle  taken  ;  nor  in  detinue, 
th»t  there  are  no  such  goods  detained  ;  nor  in  a  habeas 
faccrc  seisinam,  that  there  is  no  such  land,  <fcc.  Nor  in 
a  writ  of  seisin,  non-tenantry  in  him  whom  the  record 
supposes  to  be  tenant,  (o) 

If,  after  service  of  a  writ,  the  ftfficer  makes  no  re- 
turn, he  is  iiable  to  an  action  by  both  parties  respec- 
tively. He  may  also  be  liable  to  both  parties,  for  a 
false  return,  (p)  The  creditor  in  an  execution  may 

(0  Dcd.  Slur.  164.  (j)  Ibid.  165. 

(*)  4  ftac.  Abr.  401.  (/)  Yelv.51.     5  Com.  Dig.439. 

(m)  Ibid.  51.  (.;)5CimDig.44Q.    S(r.22Si 

(o)  Dale.  SAcr.  174.  (p)  Dalt.  Sher.  175, 176. 179. 


COMPLETE  CONSTABLE.  81 

maintain  his  action,  if  the  officer  return,  that  he  can-    CHAP.  VHL 
not  do  execution  on  account  of  resistance :     And  the     ^^^JJ^ 
plaintiff  in  replevin,  if  the  return  be,  that  the  cattle 
are  in  a  fort  or  castle,  (y) 

If  an  officer  take  the  body  or  goods  of  a  defendant,  on 
mesne  process,  and  do  not  return  the  writ,  the  taking  is 
tortious,  and  the  defendant  may  maintain  an  actio/i  ef 
trespass  :  (r)  But  the  officer  need  not  return  a  writ 
of  execution,  whereon  the  money  is  collected  and  paid 
over  to  the  plaintiff,  nor  whereon  no  inquest  is  to  be 
taken,  but  only  land  to  be  delivered,  seizin  had,  or 
goods  sold,  &c.  (s)  An  officer  may  not  return,  that 
he  neglected  to  execute  the  writ,  because  the  party 
•would  not  pay  his  fees. 

The  officer  may  return,  that  he  has  taken  the  body 
of  the  defendant,  and  that  he  is  detained  (in  such 
prison,  or  gaol,  or  elsewhere,  as  the  case  may  be,)  so 
sick  that  he  cannot  be  had  in  Co.urt,  without  danger 
of  his  death.  («)  So  he  may  return  that  the  defend- 
ant, during  the  whole  time  he  had  the  writ,  was  under 
the  protection  of  a  Court,  (stating  the  particular 
Court,)  as  a  party,  juror  or  witness  therein,  as  the 
case  may  be.  («)  If  the  sheriff  before  the  return  day 
of  the  writ,  make  return  that  the  defendant  has  no 
goods,  &c.  it  is  void  ;  for  though  he  should  have  none 
at  that  tune,  yet  he  may  have  before  the  return  day.  (v) 
If  the  officer  return,  that  he  has  attached  cattle  to  the 
value  of  £10.  and  does  not  set  out  what  the  cattle  are, 
it  is  bad.  (w) 

(q-)Dd.Sher.l7S.    5  Com.  Dig.  446,  447.    Salk.  58%. 

(r)  Ibid.  178,  179.    5  Co.  90. 

(«)  Ibid.  179,  180. 

(0  Dal.  Sher.  211. 

(u)  5  Com  Dig.  448. 

(u)  Cro.  Eliz.  512,    5  Com.  Dig.  44*. 

(«•)  Ibid.  513. 

L 


as  COMPLETE  CONSTABLE. 

CHAP.  VIII.      lf  the  return  day  of  the  writ  be  gun(iaVj  antj 

Return.        *urn  appear  to  be  made  on  that  day,  it  will  be  bad  ; 
nor  can  it  be  made  on  a  day  subsequent,  (z) 

The  officer  may  return  that  he  was  always  ready  to 
deliver  seizin,  &c.  and  gave  notice  such  a  day,  but  Hie 
plaintiff  did  not  come  to  receive  it :  Anil  in  replevin, 
that  no  one  came  to  show  him  the  cattle.  But  the 
officer  may  not  return,  that  he  could  not  have  view 
of  the  premises  ;  nor  that  the  plaintiff  did  not  prose- 
cute his  writ ;  nor  that  he  could  not  have  sight  of  the 
cattle  ;  nor  that  he  had  levied  the  goods  on  an  exe- 
cution, and  afterwards  lost  them ;  nor  that  they  were 
rescued. 

A  return  is  sufficient,  if  it  can  be  ascertained  by  the 
writ,  (r/)  If  the  writ  command  the  officer  to  attach 
J.  S.  and  the  officer  return  that  he  has  caused  J.  S.  to 
be  attached,  or  that  J.  S.  is  attached,  it  is  good.  And 
a  return  upon  a  capias,  that  the  defendant  is  taken,  is 
sufficient :  And  upon  a  scire  facias,  italic  sheriff  re- 
turn, that  by  virtue  of  the  writ,  as  to  me  commanded, 
I  have  caused  A.  B.  to  know,  &c.  it  is  good,  without 
describing  A.  B.  as  within  named.  (s) 

If  there  be  judgment  against  A.  G.  widow,  and  exe- 
cution thereon,  and  before  execution  of  the  writ  she 
marries  B.,  the  officer  cannot  return  that  she  is  now 
the  wife  of  B.  for  that  falsifies  the  writ  and  record. 

An  officer's  return  must  show  not  only,  that  he  has 
pursued  the  directions  in  the  writ,  but  that  he  has  ex- 
ecuted it  according  to  law.  It  must  be  good  in  sub- 
stance and  form,  or  he  cannot  in  an  action  brought 
against  him,  be  justified  by  it ;  and  though  such  return 

(.r)  5  Mod.  14R.  159. 
ty)  5  Com.  Dig,  444,  445, 


COMPLETE  CONSTABLE.  83 

may  be  falsified,  yet  it  Isprima  facie  evidence  of  what    CHAP  VIIL 
it  purports,  but  no  more,  (a)  STT~V*^*/ 

If  process  issue  against  two  defendants,  and  one  of 
them  is  described  as  living  without  the  official  pre- 
cincts of  the  officer  who  makes  the  arrest,  and  he 
dates  hb  return  within  his  official  precincts,  and  pro- 
ceeds, "  Then  for  want  of  goods  or  estate.  &c.  I  at- 
tached the  bodies  of  the  said  A.  &  B.  within  named, 
&c."  the  return  isprima  facie  evidence,  that  both  the 
defendants  were  at  the  time  of  the  arest,  within  the 
precincts  of  the  officer  who  served  the  writ,  and  good, 
until  it  is  proved  that  the  arrest  was  made  without  his 
precincts.  (6) 


(a)  1  Root,  526L 


84  COMPLETE  CONSTABLE. 


CHAPTER  IX. 
OF  ACTIONS. 

^^3*  AsSUMPSIT  lies  iii  favour  of  an  officer  for  hit 
Actions.  fees  :  (a)  But  it  will  not  lie  in  his  favour  to  recover  a 

Assumpsit.  6Um  Of  money  agreed  to  be  paid  for  accepting  bail  of 
one  arrested,  because  it  is  the  officer's  duty  to  take 
bail,  and  the  consideration  illegal.  (b)  So  where  an 
executor  having  sued  out  an  execution,  put  it  into  the 
hands  of  the  sheriff,  a  friend  of  the  executor,  in  con- 
siderstion  tint  the  sheriff  would  execute  the  writ,  and 
of  sixpence  given  him  by  the  plaintiff,  promised  to  give 
the  plaintiff  £  60.  on  an  action  on  the  promise  for 
the  £  60.  it  was  held,  that  the  consideration  was  ille- 
gal and  the  action  would  not  lie.  (c) 

If  an  officer  collect  money  on  an  execution,  and  do 
not  pay  it  over  to  the  plaintiff,  he  may  after  demand 
recover  it  on  assumpsit.  (rf) 

Debt,  Debt  lies  in  favour  of  an  officer,  for  his  fees  for  le- 

vying an  execution  on  land ;  (e)  and  so  for  executing 
an  erroneous  writ ;  (fj  and  for  levying  an  execution 
on  goods  where  the  parties  compromise  before  the 
goods  are  sold ;  (g)  and  against  the  sureties  on  a 
bail  bond  taken  to  himself.  (/?) 

(a)  2  Out.  on  Plead.  31  (£)  2  Bur.  924.    2  SI.  Refi.  204. 
(c)  Cro.  Jac.  103.  (rf)  1  'Esfi-  Cas-  154-  268- 

(e)  Stilk.  209.  (/}  Ibid.  S3'.:. 

(#)  5  Term.  Re/i.  470.     (A)  Cro.  £liz  862. 


COMPLETE  CONSTABLE.  15 

Debt  lies  against  an  officer  who  returns  that  he  has     CHAP.  IX. 
levied  the  money  under  an  execution.     Debt  lies     X"^i^x 
against  the  executors  of  an  officer,  who  having  levied         Debt, 
money  by  virtue  of  an  execution,  dies  without  having 
paid  the  same  over  to  the  plaintiff,  for  the  execution 
is  discharged,  (t)      So  debt  lies  against  an  officer  for 
the   escape  of  one  in  execution,  (j)  to  recover  the 
whole  debt  and  damages,  (£)  and  equally  whether  the 
escape  be   negligent  or  voluntary  ;  (Z)  or  whether  the 
officer  return  the   writ,   or  not.  (m)       So  debt  lies 
against  an  officer  for  the  escape  of  a  prisoner  in  exe- 
cution, though  the  escape  were  without  the  knowl- 
edge or  fault  of  the  officer  ;  for  he  can   avail  himself 
of  no  excuse  but  the  act  of  God  or  the  public  ene- 
mies. («) 

Case  lies  agninst  a  constable  for  escapes  on  mesne,  or 
jlnal  process ;  (0)  and  for  not  arresting  the  debtor 
when  he  could  have  done  it ;  (~p )  and  for  a  false  re- 
turn of  non  est  inventus  or  languidus  on  mesne  or  final 
process  ;  (j)  And  for  a  return  of  nulla  bona  upon  an 
execution  ;  (r)  and  for  not  levying  under  it,  where  he 
might  have  levied  ;  (A)  and  for  not  assigning  bail 
bond;  (t)  and  for  refusing  to  accept  bail  when  of- 
fered, (ti) 

(i)  Cro.  Car.  539.     Cro.  Eliz,  209. 
(j)  -2  Imt.  583. 
(*)  2  Bl.  Refl.  1048. 
GO  2  Stra.  153. 
(w)  Cro.  Eliz.  17. 
(TI)  2  Htn.  Black.  108.    2  Stra.  153. 
(o)  'Esfi.  Dig,  609.    Cro.  Eliz  652.  868.    2  £ac.  Mr. 204. 
2  Ter.  Kefi.  126.     Cro.  Eliz.  289. 
(/O  Cliit.  PL  140.     Cro.  Eliz.  729. 
(<7)  1  Mod.  228.    2.  178.     1.  Bac.  Mr.  53.   1  Str.6Q5. 
(r)  Cro.  Eliz.  512.     1  Chit.  flea.  140. 
(,v)  1  Chit.  Plead.  140. 
(0  Ibid, 
(n)  Ibid.  137. 


SO  COMPLETE  CONSTABLE. 

CHAP.  IX.         If  a  constable  permit  a  voluntary  escape,  an  action 
s^Py"^'/     on  the  case  lies  against  him,  and  no  subsequent  recap- 
tion will  purge  a  voluntary  escape,  (v) 

If  a  prisoner  in  lawful  custody  of  a  constable,  escape, 
an  action  on  the  case  lies  by  the  constable  against  the 
prisoner,  and  that  before  any  action  brought  against 
the  constable.  If  a  constable  return,  that  he  has 
taken  the  body  and  committed  it  to  prison  where  he 
had  taken  him,  and  permitted  him  to  go  at  large 
•without  bail,  the  constable  is  liable  in  this  action  :  (rv) 
But  no  action  lies  for  th«  escape  of  a  prisoner  arrested 
on  void  process ;  (x)  though  it  is  otherwise  of  pro- 
cess erroneous  only,  (y)  If  two  executions  are  deliv- 
ered to  an  officer  against  the  same  person,  he  must 
execute  first,  that  which  was  first  delivered,  or  an 
action  on  the  case  will  lie  against  the  officer  in  favour 
of  the  creditor  in  the  execution  first  delivered,  if  he 
sustain  damage  thereby,  (s)  But  if  the  first  execu- 
tion be  fraudulent,  it  is  otherwise,  (a)  Or,  if  the 
plaintiff*  in  the  first  execution,  direct  a  levy  thereof 
to  be  defercd  to  a  day  certain,  and  the  second  execu- 
tion cora.es  on  in  the  interim.  (J)  An  executdr  may 
maintain  this  action  against  an  officer,  for  a  false  re- 
turn in  the  life  of  the  testator,  (c) 

If  a  prisoner  escape,  and  be  retaken  on  fresh  pur- 
suit, or  return  before  action  brought  against  the  officer, 
he  is  not  liable  in  this  action,  (rf)  But  the  officer 
cannot  lawfully  retake  or  detain  a  prisoner,  after  n 

(t>)  Cro.  Eliz.  53.  2V.     3  Co.  52. 

(w)  1  Mod,  238.    2  Ibid.  178. 

(x)  Carth.  148. 

(y)  Sate.  173.    Cro.  Eliz.  186. 

(z)  Ibid.  320. 

(a)  Peak's  JV.  P.  cas.  65. 

(6)  1  WilsAT..    I  Hen.Bl.  543.    5  Ter. 

(c)  1  Salk.  12. 

(rf)  5  C'c.  52.    Com.  Rep.  554. 


Actions. 


COMPLETE  CONSTABLE.  87 

voluntary  esc.ipe,  and  is  of  course  liable  in  this  action,     CHAP.  IX. 
though   sitcl;    prisoner    be   again  in  actual  custody, 
before  action  brought,  («) 

Though  an  officer  under  an  execution,  seize  goods 
apparently  the  property  of  the  debtor,  where,  by  a 
failure  io  the  consideration  for  which  they  were  by 
the  debtor  obtained  his  right  to  them  has  ceased,  the 
officer  may  return  nulla  boid,  and  will  not  be  liable 
for  a  false  return,  (y) 

If  a  parly,  against  whom  an  officer  has  a  writ,  do 
not  abscond,  but  continues  in  the  daily  exercise  of 
his  occupation,  appears  publicly  as  usu  I,  is  visible  to 
every  person  who  comes  to  him  about  business,  and 
the  officer  neglects  to  arrest  him  and  returns  nan  cst 
invcnlufi  to  the  writ,  it  is  a  false  return,  for  which  an 
action  on  the  case  lies,  (g) 

An  officer  may  maintain  trover  for  the  taking 
and  conversion  of  goods,  by  him  seized  under  an 
execution,  (/i) 

If  an  officer  take  the  goods  of  A.  instead  of  the 
goods  of  B.  trover  lies :  (i)  So  it  lies  for  goods  at- 
tached, but  not  returned  after  judgment  in  favour  of 
the  defendant ;  (j)  and  so  it  does,  if  the  judgment  be 
in  favour  of  the  plaintiff,  and  the  goods  are  not  taken 
in  execution  within  sixty  dp.ys  after  demand  has  been 
made  by  the  owner  :  (&)  So  it  does,  if  the  officer 
converts  the  goods  to  his  own  use,  pending  the  suit. 
And  every  unlawful  meddling  with  the  goods  is,  a 


(<• )  <2  T?r.  Refi.  126.     John.  Refi.  554. 

(f)  '2  Esfi.  Cox  475. 

(g)  Eafi.  Dig  609. 

(A   1  Lev.2S2.    Esfi.  Dig.  577. 

(;)  5  Bac.  Mr.  365. 

(j)  lJ?oot,481.     Teh.  194 


88  COMPLETE  CONSTABLE. 

CHAP.  IX.  convcrsion ;  (/)  as  if  he  ride  a  horse  by  him  takefl 
Actions.  ou  lawful  process,  the  riding  being  an  unlawful  in- 
termeddling. But  the  officer  may  milk  a  cow  so 
taken,  for  it  is  for  the  benefit  of  the  owner,  (m) 
Trover  does  not  lie  against  an  officer,  for  goods  taken 
on  an  execution,  issued  on  an  irregular  judgment ; 
nor  though  there  be  no  judgment  on  which  the  ex- 
ecution is  founded,  if  the  execution  be  good  on  the 
face  of  it.  (n) 

Trespass*          An  officer  may  maintain  trespass  for  goods  seized 
under  an  execution  and  forcibly  taken  from  him.  (o) 

If  an  officer  take  the  goods  of  a  stranger  in  exe- 
cution, though  by  order  of  the  plaintiff,  trespass  lies 
agdnst  the  officer  :  (/>)  And  so  it  does,  if  he  attach 
the  body  of  one  person  for  the  appearance,  or  debt 
of  another,  though  by  the  shewing  of  the  party  to 
the  suit,  (y)  Trespass  lies,  if  the  officer  do  not  return 
his  writ,  after  having  taken  the  goods  or  body  of  the 
defendant,  (r) 

If  a  constable,  under  a  warrant  to  search  the  house 
of  A.  B.  for  stolen  goods,  be  guilty  of  any  indecency 
in  searching  the  person  of  a  woman,  he  is  a  trespasser 
from  the  beginning.  (s) 

Trespass  lies  against  an  officer  for  breaking  inner 
doors  to  search  for  a  defendant,  without  previous 
demand  of  admittance,  and  without  reasonable  ground 

(/)  Yilv.  194. 

(?n)4M?rf.212.    Cro.Jac.  148. 
(n)  12  Mod.  178. 
(o)  Crn.  Eliz.  639. 
CfiJ  5  Com.  Dig.  579.    2  Rol.  553. 
(q)  Ibid.  579,  580.  552. 

(r)  5  Com.  Dig.  579.  2  Rol.  563.  5  Co.  90.  Salk.  409.— 
Cro.  Car.  446. 

(s)  5  Eac.  Abr.  161. 


COMPLETE  CONSTABLE.  89 

of  suspicion  of  the  defendants  being  there  secreted, 
and  when  in  fact  he  was  not  there.  (<) 

An  action  for  false  imprisonment,    lies  for  every    False  im~ 
unlawful  restraint  of  liberty,  whether  abroad  or  within 
doors  ;  and  every  arrest  for  a  civil  cause  not  warrant- 
ed by  legal  process,  is  an  unlawful  restraint  of  lib- 

erty.  («) 

If  an  officer  make  an  arrest  by  virtue  of  process 
issued  from  an  inferior  Court  and  it  appears  on  the 
face  of  the  process,  thut  such  Court  hath  not  juris- 
diction, such  officer  is  liable  in  false  imprisonment.  (tA 

If  an  officer  arrest  A.  instead  of  B.  false  imprison- 
ment lies ;  though  A.  tell  the  officer  who  makes  the 
urrest,  that  his  name  is  B. 

False  imprisonment  lies,  if  the  plaintiff  in  the  suit, 
whereon  the  prisoner  is  held,  command  the  officer  to 
discharge  him,  and  the  officer  disobeys  such  com- 
mand, (w)  And  likewise,  if  the  officer  detain  such 
prisoner  after  a  written  discharge  by  the  plaintiff  in 
the  suit,  has  been  delivered  to  the  officer.  (*)  But 
does  not  lie  against  an  officer  for  detaining  a  prison- 
er a  reasonable  length  of  time  after  a  discharge  conies 
from  the  plaintiff,  in  order  to  be  satisfied  of  the  au- 
thenticity and  validity  of  the  discharge  ;  and  twenty- 
four  hours,  as  the  case  may  be,  is  not  an  unreasonable 
length  of  time,  (y) 

If  the  order  of  the  Court  be,  to  commit  a  prisoner 


(r)  3  Bos.  and  PuL  233. 

(u~)5Bac.Mr.  169.     Co.  Lit.  253.    £ul.MP.22. 
(v)  Bac.  Abr.  169,  170.     10  Co.  76.    2  Mod  195. 
(w)  Cro.  Jac-  379.    3  Com.  Dig  493. 


M 


90 


COMPLETE  CONSTABLE. 


CHAP.  IX-     to  »  certain  gaol,  the  committing  him  to  any  other 
Actions       Sao'>  *s  ^se  imprisonment.  (s) 

False  imprisonment  does  not  lie  against  an  officer, 
for  refusing  bail,  (a)  If  a  warrant  come  into  Connecti- 
cut from  an  adjoniug  State,  to  arrest  the  body 
of  the  reputed  father  of  a  bastard  child,  and  such 
•warrant  be  backed  by  a  justice  of  the  peace  in 
Connecticut,  and  a  constable  of  Connecticut  there- 
upon, arrest  the  defendant,  and  at  the  line  of  the 
State  from  which  the  warrant  came,  deliver  the 
defendant  to  an  officer  of  that  State,  false  imprison- 
ment lies,  both  against  the  justice  who  backed  the 
warrant,  and  the  constable  who,  in  pursuance  thp  re- 
of,  took  the  defendant  and  delivered  him  at  the  line 
of  the  State.  6 


False  imprisonment  lies  against  a  constable,  for  *de- 
taining  a  person  taken  up  and  brought  by  a  watchman 
to  the  wateh-house,  for  using  loud  words  in  the 
street  :  (c)  But  if  the  constable  on  the  delivery  of 
such  prisoneiy  do  not  take  him  into  custody,  faor.  so 
much  as  tap  him  on  the  shoulder,  saying,  "  you  are 
my  prisoner,"  false  imprisonment  will  not  lie.  (rf) 

False  imprisonment  does  not  lie  against  a  constable 
for  taking  into  custody,  a  stranger  who  encourages  a 
prisoner  then,  in  custody  of  such  constable,  to  resist  : 
For  when  a  man  is  in  the  custody  of  an  officer  of 
justice,  no  other  person  has  a  right  to  interfere,  and  if 
he  do,  it  so  far  makes  himself  an  accomplice,  as  to 
justify  taking  him  into  custody.  («) 

See  Attachment,  Arrest^  Execution  and  Trespass, 


(z)  1  Stilk.  408. 
(a)  3  Com.  Dig.  493, 
(6)  C2  Root,  152. 
(c)l'£sfi.  Cas.294, 
(c)  Peak's  Cas.  89. 


{d}  Ibid.  4V, 


COMPLETE  CONSTABLE. 


F 


CHAPTER  X. 

FEES. 


OR  serving  every  summons  six  cents,  0  06     CHAP.  X. 

If  by  copy  trine  cents,  0  09     ^^^^ 

Serving  each  attachment  nine  cents,  0  09 

For  a  Bail  Bond,  seventeen  cents.         -         -        01? 

Levying  every  execution  not  exceeding 
three  dollars  and  thirty  four  cents,  seven- 
teen cents,  and  two  cents  per  dollar  for 
every  dollar  beyond  that  sum,  hi  the 
same  currency  with  the  execution,  or 
equivalent  in  lawful  money. 

For  attending"^  justice's  court,  on  trial  of 
each  action  when  obliged  to  attend,  twen- 
ty-five cents.  -  0  35 

For  each  mile's  travel,  computed  from  the 
place  of  the  officer's  abode  to  the  place 
of  service,  and  thence  to  the  place  of  re- 
turn, five  cents,  0  05 

For  attending  the  General  Court,  per  day, 

one  dollar  and  thirty-four  cents,  -  1  34 

For  attending  either  a  Superior  or  County 

Court,  per  day,  eighty-four  cents,  (.?)  -  0  84. 

iz)!Stat.  289.  291. 


95  COMPLETE  CONSTABLE 


CHAPTER  XL 

FORMS. 


BAIL  BOND  to  a  constable,  ought  to  be  in 
Bail  Bond,  form  following,  viz.  —  Know  all  men  by  these  presents, 
that  we  J.  S.  and  J.  B.  both  of  H  -  hi  the  coun- 
ty of  F  -  ,  are  holdeu  and  firmly  bound  and  obli- 
ged to  A.  B.  a  constable  of  said  H  -  in  the  sum 
of  -  dollars,  to  be  paid  to  him  the  said  A.  B. 
his  certain  attorney,  executors,  adminislr  itors  or  as- 
signs ;  to  which  payment,  well  and  truly  to  be  made 
and  done,  we  bind  ourselves,  and  each  of  us  by  him- 
self, and  our,  and  each  of  our  heirs,  executors  and  ad- 
ministrators, firmly  by  these  presents  :  Sealed  with 
our  seals  and  signed  with  our  hands,  this  -  day 
of  -  A.  D.  1  8. 

The  condition  of  the  above  obligation  is  such,  thai 
whereas  the  above  bounden  J.  S.  is  arrested  at  the 
suit  of  L.  L.  of  -  in  the  county  of  -  by 
writ  demanding  the  sura  of  -  dollars,  to  appeal- 
before  the  County  Court,  to  be  held  at  -  in  the 
county  of  F  -  on  the  —  —  Tuesday  of  - 
next,  Cor  instant  as  the  case  may  be.}  If  the  above 
named  J.  S.  do  appear  before  said  court,  at  the  time 
and  place  above  mentioned,  to  answer  to  the  said  L.  L. 
in  his  said  suit,  then  the  above  obligation  to  be  void, 
else  to  stand  and  remain  in  full  force  and  virtue  in  the 
law.  J.  S.  (L.  s.) 

J.  B.        (L.  s.) 
Signed,  sealed  and  delivered  > 
in  presence  of,  s 


COMPLETE  COr^TABLh,  <»s. 

Obligatory  part  of  bond  for  appearance  before  aju*-  CHAP.  :*L 
lice  of  the  peace,  the  same  as  in  the  foregoing  ;  the  TT^rT^ 
condition  as  follows, 

The  condition  of  the  above  obligation  is  such,  that 
whereas  the  above  bounden  J.  S.  is  arrested  at  the  suit 
ofL.  L.  of in  the  county  of by  writ  demand- 
ing the  sum  of dollars,  to  appear  before  R.  S.  es- 
quire, justice  of  the  peace,  in  and  for  the  county  of 

F. at  his  dwelling  house  in  M.  in  said  county,  on 

the day  of next,  for  instant  as  the  case  maybe ;; 

If  the  above  J.  S.  do  appear  before  said  justice  R.  S.  at 
the  time  and  place  above  mentioned,  to  answer  unto 
the  said  L.  L.  in  his  said  suit,  then  the  above  obliga- 
tion to  be  void,  otherwise,  to  stand  and  remain  in  full 
force  ar.d  virtue  in  the  law. 

Signed,  &c.  (J.  S.)         (L.  s.) 

(J.B.)         (L.S.) 

ASSIGNMENT  OF  BAIL  BOND. 

Know  all  men  by  these  presents,  that  I,  N.  B.  of •    Assignment 

u  constable  thereof,  within  named,  have  at  the  request  of  Bail  Bond. 
of  A.  B.  the  plaintiff,  also  within  named,  assigned  to 
him  the  said  plaintiff,  the  within  written  bail  bond,  pur- 
suant to  the  statute  in  such  case  made  and  provided. 
In  witness  whereof  I  have  hereunto  set  my  hand 
this day  of in  the  year  of  our  Lord N.  B. 

Iftiic  constable  goes  out  of  office  before  the  assignment 
lakes  place,  he  oitght  to  stile  himself  late  constable,  &c. 

RECEIPT  FOR  A  BAIL  BOND. 
I  do  hereby  acknowledge  to  have  had  and  received    »  r  •  t  j- 

of,  and  from  N.  B.  constable  of the  bail  bond  for    Bail  Bond. 

the  appearance  of  J.  S.  before,  ( here  describe  the  cowl 
tis  in  the  condition  of  the  bond,_)  to  answer  to  A.  B.  in  a 

plea  of demanding  the  sum  of dated  the 

day  of last  past,  together  with  an  assignment 

thereon  endorsed  pursuant  to  the  statute  in  such  case 


£>4  COMPLETE  CONSTABLE. 

CHAP.  XI      m:ide  and  provided  :  And  in  consideration  thereof,  I 

T^"-^v^r/     ^°  hereby  promise  to  save  harmless  and  indemnify  the 

Bail  Bond,      said  constable,  of,  and  from  all  actions,  suits,  amerc- 

iaments  and  costs  whatever,  relating  to  said  cause,  bail 

bond  or  assignment  thereof,  as  witness  my  hand  this 

day  of A.  D. 

A.  B. 


COMPLETE  CONSTABLE 


CHAPTER  XII. 

RETURNS.—  OF  SUMMONS, 
Fmrfifld  County,  ss.  Bridgeport,  January  9,  1810. 

HIS  writ  came  so  late  to  me,  that  on  account  of    CHAP.  XII. 

the  shortness  of  the  time,  I  could  not  make  service     v*^-v-x^' 

.,         r  Return  of 

Hereof.  summons. 

A.  B.  Constable. 

By  virtue  of  this  writ  to  me  directed,  I  have  sum- 
moned the  within  named  J.  S.  for  his  appearance  at 
court,  by  reading  this  writ  to  him,  in  his  presence  and 
hearing. 

By  virtue  of  this  writ  to  me  directed,  I  have  sum- 
moned the  within  named  J.  S.  for  his  appearance  at 
court,  by  giving  him  an  attested  copy  of  this  writ. 

g 
By  virtue  of  this  writ  to  me  directed,  I  have  sum- 

moned the  within  named  J.  S.  for  his  appearance  at 
court,  by  leaving  an  attested  copy  of  this  writ,  at  his 
last  and  usual  place  of  abode. 


NON  EST  INVENTUS. 

The  within  named  A.  B.  has  not  been  fonnd  within 
my  precincts. 

ANOTHER. 

The  within  named  A.  B.  and  E.  F.  arc  not*  nor  is 
<Mthrr  of  them  found  within  my 


CHAP.  XII. 

Arrest. 


Rescue. 


COMPLETE  CONSTABLE. 

ARREST  AND  IN  CUSTODY. 
By  virtue  of  this  writ  to  me  directed,  I  have  takei: 
the  body  of  the  within  named  J.  S.  whose  body  I 
have  ready  before  the  court,  at  the  day  and  place 
mentioned,  as  within  to  me  is  commanded. 

ARREST  AND  RESCUE. 

By  virtue  of  this  writ  to  me  directed,  I  arrested  the 
body  of  the  %vithin  named  C.  D.  and  he  having  neg- 
lected to  procure  (or  find)  sufficient  bail,  I  was  pro- 
ceeding with  him,  the  said  C.  D.  to  commit  him  to 

the  keeper  of  the  gsol  in in  said  county,  within 

the  prison,  when  at in  said  county  J.  S. — H.  I. — 

T.  R.  and   If.  \V.  all  of in  said  county,  on  the 

day  of at  said with  force   and  arras, 

vis.  with  guns,  swords,  staves  and  stones,  upon  me 
came  and  assault  made  ;  and  me  with  like  force  and 
arms,  did  beat,  bruise,  wound  and  evilly  entreat; 
and  then  and  there  the  said  J.  S.— H.  I.— T.  R.  and 
N.  W.  with  like  force  and  arms,  the  said  C.  D.  did 
rescue  and  take  out  of  my  custody  against  ray  will . 
And  the  said  C.  D.  has  not  been  since  found,  though 
diligent  search  to  find  him  the  said  C.  D.  has  been 
constantly  made  by  me  throughout  my  precincts. 

LAxN'GUIDUS. 

By  virtue  of  this  writ  to  me  directed,  I  ^nostctHiH; 
body  of  the  within  named  C.  D.  who  then  Avas  at  the 

time  cf  his  arrest,  and  still  on  this day  of  — 

the  last  return  day  of  this  Auit,  is  so  sick,  that  fot 
tear  of  his  death,  I  cannot  have  him  before  said  court 
accordins  as  is  bv  this  writ  reouirec. 


CEPI  AND  MORTUUS  EST. 
By  virtue  of  this  Avrit  to  me  directed,  I  arreslcd  the 
body  of  the  within  named  C.  D.  and  held  him  in  cus- 

dy,  until  on  the  — —  day  of he  the  said  C.  D. 

died  by  reason  of  slclisecs  cf  a  disease  called  the 

(or)  died  by  his  own  felo-iy  (or)  was  murdered  by  one 


COMPLETE  CONSTABLE.  97 

J.  S.  (or)  was  murdered  by  some  person  unknown,  (or)     CHAP  XII. 

died  by  misfortune  of  choaking  in  attempting  to  swal-  \^^^ 

low  his  food,  therefore  I  cannot  have  the  body  of  the  ments. 
said  C.  D.  before,  &c. 

ON  ATTACHMENT,  NULLA  SOW!,  ARREST 
AND  BAIL. 

By  virtue  of  this  writ  to  me  directed,  having-made    Attachment 
diligent  search  throughout  my  precincts,  for  goods  and        B°dy« 
chattels  of  the  within  named  C.  D.  to  be  attached  on 
Ihis  writ,  I  attached  the  body  of  the  said  C.  D.  and 
read  this  writ  in  his  hearing,  and  have  taken  sufficient 
bail  for  his  appearance  at  Court. 

NULLA  BOM/1  AND  JVOJT  EST  TWENTUS. 

By  virtue  of  this  writ  to  me  directed,  I  have  made 
diligent  search  throughout  my  bailiwick,  but  have  not 
found  either  any  goods  or  chattels,  or  estate  of  the 
within  named  C.  D.  nor  his  body,  whereon  to  make 
service  of  this  writ,  as  therein  required. 

.\ULLA  BOWA,  CEPI  CORPUS  AND  COMMIT- 
MENT. 

By  virtue  of  this  writ  to  me  directed,  and  for  want 
of  goods  or  estate  of  the  within  named  defendant  to  be 
found  within  my  precincts,  I  attached  his  body  and 
read  this  writ  in  his  hearing,  and  he  having  neglected 
(or  refused  to  find  sufficient  bail  for  his  appearance  at 
court,  according  as  is  by  the  writ  required,  I  by  virtue 
of  a  lawful  mittimus,  issued  by  J.  R.  justice  of  the 

peace  for  the  county  of committed  the  said  de- . 

fendaiit  to    the  keeper  of  the  gaol  in  in  said 

county  within  the  prison. 

ARREST,  RELEASE  AND  ATTACHMENT 
OF  GOODS 

By  virtue  of  this  writ  to  me  directed,  and  for  want 
of  sufficient  goods  or  estate  of  the  defendant  then  to 
be  found  in  my  preciucts,  I  arrested  the  body  of  the 


96  COMPLETE  CONSTABLE. 

CHAP  XII.    within  named  J.  S.  and  he  having  neglected  to  pro- 

>^*Y^*^     cure  sufficient  bail,  I  was  proceeding  on  my  way  to 
Attachment.  J    . 

the  common  gaol  in in  said  county,  by  virtue  ot 

a  b  wful  mittimus,  issued  by  J.  B.  justice  of  the  peace 
for  said  count) ,  him  the  said  J.  S.  to  commit  to  the 
keeper  of  said  gaol  within  the  prison,  when  the  said 
J.  S.  offered  and  tendered  to  me  to  be  taken  on 
said  Writ,  ia  discharge  of  his  body,  one  pair  of  oxen, 
five  cows  and  ten  sheep,  all  of  sufficient  value  to  an- 
swer the  demand  in  said  writ,  and  the  proper  goods 
and  chattels  of  the  said  J.  S.  whereupon,  I  released- 
the  body  of  the  said  J.  S.  from  his  said  arrest,  and  by 
virtue  of  said  writ,  attached  the  said  one  pair  of  oxen, 
five  cows  and  ten  sheep,  and  delivered  to  him  the 
said  J.  S.  a  true  and  attested  copy  of  this  writ,  and  of 
my  doings  thereon  endorsed. 

ON  ATTACHMENT  OF  GOODS  AND  CHATTELS. 

Goods  and         By  virtue  of  this  writ  to  me  directed,  and  by  direc- 

chattels,          ^on  Of  ^e   plaintiff  therein  named,  I  attached  one 

coach  and  harness,  two  chaises  and  eight  horses,  all 

the  proper  gootf  s  and  chattels  of  the  Avithin   named 

defendant ;  and  on  the  same  day  delivered  to  him,  (or 

left  at  his  usual  place  of  abode,  as  the  case  may  be,}  a 

true  and  attested  copy  of  this  writ,  and  of  my  doings 

above  stated  thereon  endorsed. 

ANOTHER,  AND  RESCUE. 

By  virtue  of  this  writ  to  me  directed,  on  the 

day  of at in  the  county  aforesaid,  I  attach- 
ed one  horse,  two  oxen  and  three  COAVS,  all  the  proper 
goods  and  chattels  of  the  within  named  C.  D.  and 
delivered  to  him  a  true  and  attested  copy  of  this  writ 
and  of  my  doings  above  stated,  thereon  endorsed  : — 
And  the  same  horse,  oxen  and  cows  ia  my  possession 

*  Quere— Can  a  Constable,  carrying  a  prisoner  to  gaol, 
after  passing  the  limits  of  his  town,  release  the  body  and  take 
goods  in  a  town  of  which  he  is  not  con&table  ? 


COMPLETE  CONSTABLE.  99 

then  and  there  had  and  held,  until  afterwards  on  the     CHAP.  XII. 

day  of at in  said  county,  one    ^Jj^jjjj^ 

certain  R.  "W.  of in  said  county  and  S.  T.  of 

in  said  county,  jointly,   with  force  and  arms, 

to  wit,  guns,  swords,  staves,  sticks  and  stones,  an  as- 
sault upon  me  made,  and  me  did  then  and  there  beat, 
bruise,  wound  and  evilly  entreat :  And  then  and  there 
the  said  R.  W.  and  S.  T.  with  like  force  and  arms, 
the  same  horse,  oxen  and  cows,  in  my  custody  as  afore- 
said, then  and  there  being,  did  take  away  and  rescue, 
against  my  will :  And  I  have  not,  nor  can  have  the 
said  horse,  oxen  and  cows,  nor  any  of  them,  to  answer 
the  demand  in  this  writ  contained :  And  the  said 
C.  D.  has  no  other,  nor  more  goods  or  chattels  within 
iny  precincts  to  be  found,  to  be  attached  to  answer 
said  demand  in  said  writ  contained. 

ANOTHER,  AND  LOSS  OF  PROPERTY  ATTACHED. 
By  virtue  of  this  writ  to  me  directed,  and  by  direc- 
tion of  A.  B.  the  within  named  plaintiff,  I  attached 
twenty-five  Merino  Sheep,  the  proper  goods  and  chat- 
tels of  C.  D.  the  within  named  defendant,  and  left 
with  him,  the  same  C.  D.  a  true  and  attested  copy  of 
this  writ  and  of  my  doings  above  stated,  thereon  en- 
dorsed, and  held  the  same  twenty-five  sheep  in  my 

custody  until  on  the day  of at  said the 

said  sheep  each  and  every  one  of  them  died,  by  reason 
of  sickness :  And  the  said  C.  D.  had  no  other  or  more 
goods  or  chattels  within  my  precincts  to  be  found,  be- 
fore the  time  limited  by  law  for*  the  service  of  this 
writ,  had  expired. 

ANOTHER, 

By  virtue  of  this  writ  to  me  directed,  and  by  direc- 
tion of  the  within  named  plaintiff,  I  attached  seven 
.shares,  the  property  of  the  within  named  defendant,  in 
the  C  here  describe  the  Batik)  by  leaving  a  true  and 
attested  copy  of  the  writ,  with  my  doings  thereon  en- 


100  COMPLETE  CONSTABLE. 

CHAP.  XII.  dorsed,  with  E.  F.  Cashier  of  said  Bank  ;  and  on  the 
*£££.  —  day  of  _al-  -  in  -  -I  .eft  .tth  the 
within  named  defendant  (  or  left  at  the  usual  place  of 
abode  of  the  within  named  defendant,  as  the  case  may 
be)  a  like  copy  of  this  writ  Avith  my  doings  thereon 
endorsed. 

ANOTHER. 

By  virtue  of  this  writ  to  me  directed,  I  attached 
nine  shares,  the  property  of  the  within  named  defend- 
ant, in  the  (lure  describe  the  turnpike^  or  other  company 
or  corporation  )  by  leaving  a  true  and  attested  copy  of 
this  writ,  with  my  doings  thereon  endorsed  ,•  on  the 
..  -  day  of  -  at—  —in—  —  with  G.  H. 
Secretary  (or  Clerk  as  the  case  may  be)  of  said 
Company  ;  and  by  leaving  a  like  copy,  &c.  with  the 
defendant,  or  at  his  usual  place  of  abode,  Sic. 

ON  FOREIGN  ATTACHMENT. 

toreign  at-         jjy  virtue  of  this  writ  to  me  directed,  I  summoned 
the  withiu  named  defendant,  by  leaving  a  true  and 


attested  copy  thereof,  at  his  last  usual  abode  in  this 
State  ;  and  attached  the  goods  and  effects  of  the  said 
defendant,  in  the  hands  of  C.  D.  within  named,  as 
agent,  trustee,  factor  and  debtor,  to  said  defendant,  by 
leaving  a  true  and  attested  copy  of  this  writ,  at  the 
usual  place  of  abode  of  the  said  C.  D.  -  days 
before  trial. 

'  ANOTHER. 

Where  the  defendant  has  never  been  <yi  inhabitant  or 
resident  in  this  State. 

By  -virtue  of  this  writ  to  me  directed,  I  attached 
the  goods  and  effects  of  the  within  named  defendant  in 
the  hands  of  C.  D.  within  named,  as  agent,  trustee, 
factor  and  debtor  to  said  defendant,  by  leaving  a 
true  and  attested  copy  of  this  writ  at  the  usual  place 
of  abode  of  the  said  C.  D.  fourteen  days  before  thr 
time  of  trial. 


COMPLETE  CONSTABLE.  101 

ON  ATTACHMENT  OF  LAND.  CHAP.  XII. 

By  virtue  of  this  writ  to  me  directed,  and  by  direc-    ^^^ 
tion  of  A-r-R.   the  within  named  plaintiff,  I  attached 
all  the  right,  title  and  interest  of  the  within  named 
C.  D.  the'defendant,  to  one  certain  piece  or  parcel  of 

containing  by  estimation rods  of  ground, 

rbounde.l  as -follows,  ( here  give  a  general  description  of 
tli£  bounds)  with  a  large   store  thereon  standing ;  all 

situate,  lying  and  being  in in  said  county.     And 

on  the day  of I  left  with  the  said  C.  D.  (or 

left  at  the  usual  place  of  abode  of  the   said  C.  D.  at 

— —  in in  this  State  as  the  case  may  be)  a  true 

and  attested  copy  of  this  writ,  and  of  rny  doings  above 

stated  thereon  :     And   on  the day  of I  also 

left  a  true  and  attested  copy  of  this   writ,  and  a 
scription  of  said  estate  taken  thereon,   at  the  town 
clerk's  office,  in  said where  the  estate  attached 


REPLEVIN. 

By  virtue  of^thj^writ,  &c.  on  the day  of Replevin 

A.D. 1  made  replevin  to  the  within  named  A.  B.  of 

the  cattle  within  specified  ;  w  hich  the  within  named  C. 
D.  and  E.  F.  had  taken  and  unjustly  detained  accoi- 
Wing  to  the  form  of  this  writ,  as  within  to  me  is  com- 
manded :  And  read  this  writ  in  the  hearing  pMhe 
said  C.  D.  and  left  a  true  and  attested  copy  of  this 
^trfrit,  with  my  doings  thereon,  at  the  usual  place  of 
abode  of  the  within  named  E.  F. 

ANOTHER. 

I  certify,  that  before  the  coming  of  this  writ  to  me, 
the  beasts  in  this  writ  specified,  were  eloigned  to  places 
to  me  unknown,  by  the  within  named  C.  D.  so  that  1 
could  by  no  means  make  replevin  of  said  beasts  within 
described,  as  within  to  me  is  commanded;  and  that 
I  summoned  the  within  named  C.  D.  to  appear  at 
court,  by  leaving  at  his  usual  place  of  abode,  a  true 
and  attested  copy  of  this  writ. 


COMPLETE  CONSTABLE. 

ANOTHER. 

I  certify,  that  no  orte,  on  the  part  of  the  within  na- 
med A.  B.  came  to  show  to  me,  how  many,  and  what 
cattle  of  the  said  A.  B.  the  said  C.  D.  and  others  had 
taken  and  unjustly  detained  ;  therefore  the  cattle  of 
the  aforesaid  A.  B.  I  could  not  replevy  to  him. 

ANOTHER. 

I  certify,  that  on  the day  of A.  1). 

at in  said  County,  this  writ  and  tv.ro 

other  writs,  at  one  and  the  same  time,  were  delivered 

to  me  ;  and  by  virtue  of  this  writ,  I  went  to 

in  my  County,  where  the  cattle  within  described  were, 
lo  replevy  the  same  cattle  to  the  within  named  A.  B. 

d  the  within  warned  C.  D.  and  the  within  named 
E.  F.  as  bailiff  of  the  said  C.  D.  claimed  the  property 
of  the  cattle  aforesaid,  to  be  the  proper  cattle  of  the 
aforesaid  C.  D.  and  therefore  I  could  not  replevy  these 
cattle  to  the  aforesaid  A.  B.  according  as  this  writ 
requires. 


COMPLETE  CONSTABLE.  103 


CHAPTER  XIII. 
OF  EXECUTION.— CEP  I  CORPUS. 


B 


>Y  virtue  of  this  writ  to  me  directed,  I  have  CHAP.  XIII. 
taken  the  body  of  the  within  named  C.  D.  and  have  ^^^~^s 
him  ready  at  the  day  and  place  within  specified.  levied^oi 

the  body. 
ANOTHER. 

By  virtue  of  this  writ  to  me  directed,  I  have  taken 
the  body  of  the  within  named  C.  D.  and  have  his 
body  ready  at  the  day  and  place  within  named,  as 
by  this  writ  I  am  commanded. 

JVOJV  EST  1MTENTUS. 

The  said  C.  D.  has  not  been  found  within  my 
precincts. 

ANOTHER. 

The  said  C.  D.  has  not  been  found  within  my 
precincts,  so  that  I  cannot  have  him  before  the  Court, 
at  the  day  and  place  within  named,  as  by  this  writ 
is  required. 

NULLA  BOM1,  CEP  I  CORPUS  AND 
MORTUUS  EST. 

By  virtue  of  this  writ  to  me  directed,  and  for  want 
of  goods  and  chattels,  whereon  to  levy  and  satisfy  this 
execution,  I  arrested  the  body  of  the  within  named 

C.  D.  who  on  the day  of uied  of  his 

own  felony  ;  (or)  who  died  of  sickness  while  in  my 
custody  ;  (or)  who  died  by. murder,  by  one  J.  K.  (or) 
who  died  of  misfortune  by  drinking  cold  water, 
in  my  custody. 


104  COMPLETE  CONSTABLE. 

CHAP.  XIII.  CEPI  CORPUS  AND  RESCUE. 

J^^JJJJJ'.  By  virtue  of  this  writ  to  me  directed,  and  for  want 
of  goods  and  chattels  whereon  to  levy  and  satisfy  the 
same,  I  arrested  the  body  of  the  within  named  C.  D. 

and  had  him  in  my  custody,  till  on  the day  of 

he  was  rescued  by  a  body  of  public  enemies, 

(here  describe  the  manner  of  the  rescue,  ilw  enemies 
which  made  the  rescue,  and  how,_)  so  that  I  cannot 
have  him  before  the  Court,  at  the  day  and  place 
within  named,  as  by  this  writ  is  required. 

CEPI  CORPUS  AND  ESCAPE. 
By  virtue  of  this  writ  to  me  directed,  I  arrested  the 
body  of  the  within  named  C.  D.  and  had,  and  held 

him  in  my  custody,  in  the  common  gaol  at in 

the  County  of when  said  gaol  was  struck  by 

lightning,  which  set  the  gaol  on  fire,  and  an  opening 
made  in  the  side  thereof,  from  which  said  C.  D. 
escaped  against  my  will,  so  that,  &c. 

NULLA  BONA,   CEPI  CORPUS  AND 
COMMITTITER 

'By  virtue  of  this  execution  to  me  directed,  I  repair- 
ed to  the  usual  place  of  abode  of  C.  D.  the  within 
named  debtor,  and  there  made  demand  of  the  debt  or 
sum  due  on  this  execution,  with  all  necessary  charges 
of  executing  the  same  ;  and  the  said  C.  D.  neglecting 
to  pay  and  satisfy  this  execution,  and  for  want  of 
personal  or  move  able  estate  of  the  said  C.  D.  shown 
to  me,  or  to  be  found  within  my  precincts,  to  satisfy 
said  execution,  I  took  the  body  of  the  said  C.  D.  on 

the day  of him  committed  to  the 

keeper  of  the  gnol  in in  the  County  of 

Avithin  the  prison,  and  then  and  there,jjfcft  with  the 
said  keeper  a  true  and  attested  copy  of  flps  execution 
and  of  my  doings  thereon. 

.      ANOTHER. 

I  r  riifv  to  the  Court  within  named,  that  there  are 

' 


COMPLETE  CONSTABLE.  105 

divers  persons  in  the  Town  of within  named,    CHAP.  XIII. 

known  and  called  by  the  name  of  J.  S.  to  wit,  J.  S.  of    G^J^"^ 
B.,  J.  S.  of  C.  and  J.  S.  of  D.  and  because  it  is  not    chattels, 
specified  in  this  writ,  of  the  goods  and  chattels  of 
which  of  the  said  J.  S's.  I  should  make  the  sum  of 
money  within  mentioned,  therefore  I  could  not,  nor 
can  proceed  to  the  execution  of  this  writ. 

ANOTHER. 

By  virtue  of  this  execution,  I  repaired  to  the  usual 
place  of  abode  of  C.  D.  the  within  named  debtor,  at 

• in  said  county,    and  there  made  demand  of 

the  debt  or  sum  then  due  on  this  execution,  with  all 
necessary  charges  of  executing  the  same,  and  the  said 
C.  D.  neglecting  to  make  payment  thereof,  by  direc- 
tion of  A.  B.  the  creditor  within  named,  I  seized  and 
took  by  virtue  of  this  execution,  one  horse,  and  one 
horse-cart,  the  property  of  the  said  C.  D.  and  he  the 
said  C.  D.  having  no  other  or  more  goods  or  chattels, 
liable  to  be  taken  in  execution,  to  be  found  within  my 
precincts,  on  the  same  day  I  set  up  on  the  sign  post  in 

society,  where  said  horse,  and  horse  cart  were 

so  seized  and  taken,  an  account  of  them  particularly 
with  a  declaration,  that  said  horse,  and  horse  cart 
would  be  sold  at  said  sign  post,  at  public  vendue,  at 
the  end  of  twenty  days  :  And  at  the  end  of  twenty 
days  thereafter,  the  said  debtor  having  failed  to  pay 
the  debt  in  said  execution  contained,  together  with  the 
costs  and  charges  thereon,  I  caused  a  drum  to  be  beat- 
en at  said  sign  post,  and  sold  said  horse  there,  at  an 
outcry,  to  the  highest  bidder  therefor,  for  the  sum  of 

and  in  like  manner,  then  and  there,  sold  said 

horse  eartjto  P.  T.  the  highest  bidder  therefor,  for  the 

sum  of both  which  sums  amount  to  the  sum  of 

from  which,  deducting  thej;ost,  charges,  and 

7ny  fees  thus  far  on  said  execution,?rmdunting  to  the 

sum  of leaves  the  sum  of arising 

from  the  sale  o/  the  said  horse,  and  horse  cart,  which 
I  applied  towards  satisfying  this  execution,  and  paid 
O 


106  COMPLETE  CONSTABLE. 

CHAP.  XIII.   the  same  sum  of over  to  the  said  A.  B.  Aiid 

^^^7^      there  remaining  due  ou  this  execution  the  sum  of 

and  there  being  no  goods  or  chattels  of  the 

within  named  debtor,  to  be  found  within  my  precincts 
to  satisfy  the  same  execution,  by  virtue  thereof,  and  by 
direction  of  the  said  creditor,  I  seized  one  acre  of  land 
with  the  dwelling  house  thereon,  ( then  proceed  accord- 
ing to  the  form  herein  after  given,  for  the  levy  of  an  exe- 
cution on  real  estate, )  which  said  sum  of at 

which  said  land  and  house  were  appraised,  I  applied 
towards  completing  the  satisfaction  of  this  execution, 
costs  and  charges ;  but  the  same  being  insufficient 
therefor,  leaving  still  due  on  this  execution  the  sum 

of by  the  direction  of  the   said  A.   B.  and  by 

virtue  of  this  execution,  on  the day  of 

at I  took  the  body  of  the  within  named  debtor, 

and  him  committed  to  the  keeper  of  the  common  gaol 
in in  said  county,  within  the  prison,  and  de- 
livered to  the  said  keeper  of  the   prison  an  attested,, 
copy  of  this  execution,  and  of  my  prceedings  aforesaid 
endorsed  thereon. 

ANOTHER,   WHERE  THE  DEBTOR  LIVES  OUT 
OF  THE  OFFICER'S  PRECINCTS. 

T County,  ss.     Borough  of  B.  — —  &c. 

The  within  named  debtor,  having  neglected  to 
make  payment  of  this  execution  to  me  directed  and  de- 
livered, together  with  the  lawful  charges  thereon,  by 
virtue  of  this  same  execution,  and  by  din  ctiou  of  A.  B. 
attorney  to  the  within  named  creditor,  I  then  seized 
and  took  one  puncheon  of  Antigua  rum,  and  one  butt  of 
Muscovado  sugar  ;  and  on  the  same  day  posted  the 
same  puncheon  of  Antigua  rum  and  butt  of  Muscovado 
sugar,  on  the  sign-post  in  the  Borough  of  B.  there  to  be 
sold  at  the  end  of  twenty  days  thereafter  ;  and  the  said 
debtor  having  failed  to  pay  the  debt,  costs  and  char- 
ges arisen  on  this  execution,  on  the day  of 

the  day,  so  as  above  appointed  for  the  sale  of  the  said 


COMPLETE  CONSTABLE.  107 

rum  and  sugar,  I  caused  a  drum  to  be  beaten,  &c.  (as   CHAP.  XIII. 
in  Ox  form  preceding.}  ££~ 

ANOTHER. 

By  virtue  of  this  execution  to  me  directed,  I  repair- 
ed to  the  place  of  the  usual  abode  of  C.  D.  the  within 

named  debtor,  in  said and  there  made  demand 

of  the  debt  (or  sum)  due  on  this  execution,  \vith  the 
necessary  charges  of  executing  the  same  ;  and  the  said 
debtor  having  refused  to  make  payment  of  the  same, 
and  there  being  no  moveable  or  personal  estate  of  said, 
debtor,  sufficient  to  satisfy  said  debt  and  charges,  to  be 
found  within  my  precincts,  I  arrested  the  body  of  said 
C.  D.  and  then  and  there  commenced  proceeding  to 
commit  him,  the  said  C.  D.  to  the  common  gaol  in 

in  said  county,  when  he  the  snid  C.  D.  to  procure 

a  release  of  his  body  from  arrest,  as  aforesaid,  and  for 
the  satisfying  of  this  execution,  presented  to  me  to  be 
en  on  the  same  execution,  one  hat,  one  bed,  one 
Teet,  one  blanket  and  one  iron  pot,  whereupon,  the 
articles  aforesaid  being  apparently  sufficient  to  satisfy 
the  said  execution,  &c.  I  released  the  body  of  the 
said  C.  D.  from  arrest  on  said  execution,  and  by  vir- 
tue thereof,  then  and  there,  on  the day  of 

seized  the  said  hat,  bed,  sheet,  blanket  and  iron  pot, 
and  on  the  same  day  posted  the  same  on  the  sign  post 
in  said (when  proceed  according  to  the  forms  pre- 
ceding ;)  all  which  sums  arising  from  the  sale  of  said 

several  articles  amounting  to  the  sum  of and  the 

debt  due  on  this  execution  being  the  sum  of and 

my  fees  on  the  same  execution,  amounting  to  the  sum 

of both  which  last  mentioned  sums  amounting  to 

the  sum  of leaves  a  surplus  arising  from  the  sale 

of  said  articles,  after  satisfying  said  debts,  costs,  char- 
ges and  fees,  of  the  sum  of which  I  returned  to 

the  said  C.  D.  and  paid  over  to  the  said  A.  B.  the 
creditor  within  named,  the  said  sum  of— — in  full 
satisfaction  of  this  execution. 


108  COMPLETE  CONSTABLE. 

CHAP.  XIII.  ANOTHER,  ON  BANK  SHARES. 

On  Bank  ^  virtue  of  this  writ  to  me  directed,  I  seized  thh- 
Shares.  teen  shares  in  the  f here  describe  the  bank}  the  proper- 
ty of  C.  D.  the  within  named  debtor,  by  leaving  a 
true  and  attested  copy  of  this  execution,  with  a  certi- 
ficate thereon,  that  I  had  taken  said  shares  to  satisfy 

this  execution;  and  on  the  same *  day  of 

posted  the  same,  «fcc.  (proceed  as  in  levying  an  execu- 
tion on  goods  and  chattels}  and  on  the day  of 

the  d;iy  appointed  for  the  sale  of  said  shares,  I  sold  at 
the  sign  post,  &c.  fas  in  other  cases}  and  gave  to  the 
said  L.  O.  the  purchaser  of  said  shares,  an  instrument 
in  writing,  conveying  to  him  said  shares,  so  by 
him  pin  chased  ;  and  also  left  with  said  cashier,  a  true 
and  attested  copy  of  this  execution,  and  of  my  return 
thereon.  And  the  money  arising  from  said  sale,  be- 
ing   and  the  amount  of  debt  and  cost  in  this  exe- 
cution and  my  fees  and  expenses,  amounting  to  the 

sum  of left  a  surplus  of  the  sum  of which  J 

returned  to  the  said  C.  D. 

When  rights  or  shares  in  turnpike  companies,  or  ether 
companies  or  corporations,  are  taken  en  execution,  it 
must  be  done  by  leaving  a  true  and  attested  copy  of  such 
execution  with  the  secretary,  or  clerk  thereof. 

ANOTHER,  ON  FOREIGN  ATTACHMENT. 

By  virtue  of  this  writ  to  me  directed,  I  repaired  to 

the  USIM!  place  of  abode  of  C.  D.  one  of  the  garnishees 

•within  named,  and  there  demanded  payment  of  this 

execution  ;  and  the  said  C.  D.  then  and  there,  in  part 

satisfaction  thereof,  paid  to  me  the  sum  of being 

all  the  goods,  effects,  credits  or  estate  of  J.  S.  the  prin- 
cipal, in  his  the  said  C.  D's.  hands  or  possession,  as  he 
said  ;  and  on  the  same  day,  I  repaired  to  the  usual 
place  of  abode  of  the  said  E.  F.  another  of  the  said 
garnishees,  within  named,  and  ot  him  demanded  pay- 
ment of  the  residue  of  this  execution,  or  effects  or  es- 


COMPLETE  CONSTABLE.  lov 

late  of  the  said  J.  S.  whereon  to  levy  and  satisfy  the    CHAP.  XIII. 
same,  and  the  said  E.  F.  then  and  there  exposed  to     jr^^ 
view,  one  horse,  as  the  only  property  or  credit,  of  the 
said  J.  S.  in  his,  the  said  E.  F's.  hands  or  possession  ; 
I  thereupon,  by  virtue  of  said  execution,  seized  said 
horse  ;  (here  describe  a  proceeding  with  the  horse  seis- 
ed to  sale,  as  in  case  of  goods  and  chattels  taken  on  execu- 
tion in  ordinary  cases.  J     I  also  on  the day  of 

repaired  to  the  usual  place  of  abode  of  G.  H.  within 

named,  in  said as  another  of  said  garnishees,  and 

of  him  demanded  payment  of  the  sum  remaining  due 
on  this  execution,  which  the  said  G.  H.  then  and  there 
wholly  refused  to  make  ;  and  I  then  demanded  of  him 
the  said  G.  H.  goods,  chattels,  effects  or  estates  of  the 
said  J.  S.  in  his  hands,  whereon  to  satisfy  this  execu- 
tion and  all  fees,  but  none  were  exposed  or  shewn  to 
me,  nor  have  I  found  any  other  or  more  goods,  chat- 
tels, effects  or  estate  of  said  J.  S.  nor  is  his  body  with- 
in my  bailiwick,  wherewith  to  satisfy  this  execution. 

ANOTHER. 

By  virtue  of  this  writ  of  execution,   to  me  directed,    On  Lamk 
I  repaired  to  the  usual  place  of  abode  of  C.  D.  the 

debtor  within  named,  in  said and  there  made 

demand  of  the  debt  or  sum  of  money  due  on  this  execu- 
tion, with  all  necessary  charges  of  executing  the  same, 
and  the  said  C.  D.  having  neglected  to  make  pay- 
ment thereof,  and  for  want  of  personal  or  moveable  es- 
tate of  the  said  C.  D.  shown  unto  me,  or  found  withiu 
my  precincts,  to  satisfy  this  execution  and  necessary 
charges  of  executing  the  same,  by  direction  of  A.  B. 
the  creditor  within  named,  I  levied  this  execution  on 
one  certain  piece  of  land,  lying  and  being  situate  in  said 
conlianing acres  bounded,  (here  des- 
cribe the  boundaries _)  the  proper  estate  of  the  said  C.  D. 
in  fee  :  And  the  said  A.  B.  the  creditor,  chose  E.  F. 
:uid  the  said  C.  D.  the  debtor,  chose  G.  JI.  and  the 
said  creditor,  and  the  said  debtor,  agreed  in  choosing 


110  COMPLETE  CONSTABLE. 

CHAP  XIII.    I.  J.  all  to  be  appraisers  of  said  piece  of  land,  all  indif- 

^^^^     ferent  freeholders  of  the  same •  wherein  said  land 

lies  :  And  J.  B.  a  justice  of  the  peace  within  and  for 

the  said  county  of then  and  there  administered  to 

the  said  E.  F.,  G.  H.  and  I.  J.  the  oath  by  law  re- 
quired for  appraisers  of  land  taken  on  execution  :  Ami 
the  said  appraisers  then  and  there,  on  view  of  said  de- 
scribed premises,  on  which  this  execution  had  been  so 
levied,  did  upon  their  oaths,  appraise  the  same  premi- 
ses at  the  sum  of per  acre,  as  the  then  present 

true  and  just  value  thereof,  to  the  creditor  in  this  exe- 
cution ;  and  the  sum  mentioned  in  this  execution  be- 
ing  and  the  lawful  charges  of  executing  the  same 

execution  being both  which  last  mentioned  sums 

amount  to  the  sum  of I  on  this day  of 

set  off  to  the  said  A.  B.  the  creditor  in  this  execution 

acres  and rods  of  said  appraised   premises, 

in  manner  following,  viz.  (~ here  describe  the  limits  of 
tlic  land  set  off,)  and  erected  proper  bounds  to  the  same, 
in  full  satisfaction  of  this  execution,  and  my  fees  and 
all  charges  thereon. 

And  on  the day  of I  caused  this  execu- 
tion and  my  endorsement  above  thereon,  to  be  entered 

on  the  records  of  land  in  the  said  town  of where 

said  land  lies. 

7S\  B.  A  term  for  years  in  lands  or  buildings,  or 
parts  of  buildings,  may  in  the  manner  above  be  set  off 
in  execution,  though  but  chattels  :  And  do  not  come 
within  the  description  of  personal  or  moveablc  estate. 
which  must  be  sold  at  vendue. 

ANOTHER. 

By  virtue,  <fec.  ( as  in  the  preceding )  I  levied  this 
execution  on  all  the  estate,  right,  title  and  interest  of 
the  said  C.  D.  in  and  to  one  certain  piece  of  land, 
with  a  dwelling  house  thereon,  situate  in and 


COMPLETE  CONSTABLE. 


ill 


Execution. 


containing   by  estimation  acres,  bounded,  <fcc.    CHAP.  XIII. 

And  the  said  A.  B.  the  within  named  creditor,  by  his 
attorney,  C.  L.  chose  E.  F.  an  indifferent  freeholder 
of  the  same and  C.  D.  the  aforesaid  debtor  neg- 
lecting to  choose  an  appraiser,  I  applied  to  J,  B.  the 
next  assistant  Cor  justice  of  the  peace  as  the  case  may 
be}  who  by  law  may  judge  between  the  said  parties 
in  civil  case35  which  said  assistant  (or  justice)  appoin- 
ted G.  II.  and  I.  J.  both  indifferent  freeholders  of  the 
same appraisers  of  the  estate  aforesaid  levied  up- 
on by  virtue  of  this  execution  :  And  J.  B.  esquire, 
justice  of  the  peace  for  said  county  then  and  there  ad- 
ministered to  the  said  E.  F.,  G.  H.  and  I.  J.  the  oath 
by  law  prescribed  for  appraisers  of  land  taken  on  exe- 
cution :  And  the  said  appraisers  did  then  and  there, 
upon  their  oaths,  appraise  all  the  estate,  right,  title 
and  interest  of  the  said  C.  D.  in  and  to  said  premises  ; 
which  said  estate,  right,  title  and  interest  was  an  estate 
for,  and  during  the  said  C.  D's.  natural  life,  in  and  to 
one  undivided  rnoiety  of  said  land  and  dwelling  house  ; 
and  an  estate  in  fee,  in  the  other  undivided  moiety  ol 

said  land   and  dwelling  house  ;  at  the  sum  of as 

the  then  present  true   and  just  value  thereof,  to  the 

creditor  A.  B.  within  named ;  and  on  the day  of 

I  set  off  to  him  the  said  A.  B.  the  within  named 

credit  or,  the  whole  of  said  laud  and  duelling  house, 
to  have  and  to  hold  the  one  undivided  moiety  of  said 
premises  to  him  the  said  A.  B.  for  and  during  the; 
natural  life  of  the  said  C.  D.,  and  the  other  undivided 
moiety  to  him  and  his  heirs  and  assigns  for  ever,  in 
satisfaction  of  the  said  sum  of upon  this  execu- 
tion, &c.  (as  in  the  form  preceding.') 

ANOTHER. 

By  virtue,  &c.  (as  in  tlie  first,)  I  levied  this  execur 
tionon  all  the  estate,  right,  title  and  interest  of  the  said 
C.  D.  in  and  to  one  certain  water  lot,  wh^rf  and  store 

thereon  standing,    and  situate  in,  &c. bounded1. 

&c. and  the  said  A.  B.  the  creditor  within  na- 


U2  COMPLETE  CONSTABLE. 

CHAP.  XIIL   med,  chose  E.  F.  an  indifferent  freeholder  of  the  same 

J^^J^.     an  appraiser,  and  the  said  C.  D.  chose  G.  IL 

also  an  indifferent  freeholder  of  the  same and  the 

said  A.  B.  and  C.  D.  not  agreeing  in  choosing  a  third 
appraiser,  I  applied  to  J.  B.  the  next  justice  of  the 
peace  who  could  by  law  judge  between  the  said  parties 
iu  civil  cases,  which  said  justice  appointed  I.  J.  also 

an  indifferent  freeholder  of  the  same an  appraiser, 

and  the  said  J.  B.  esquire,  justice  of  the  peace  for  said 
county  of  — «-*•.  then  and  there  administered  to  the  said 
E.  F.,  G.  H.  and  I.  J.  the  oath  by  law  prescribed  for 
appraisers  of  land  taken  on  execution  :  And  the  said 
appraisers  did  then  and  there,  upon  their  oaths,  appraise 
all  the  estate,  right,  title  and  interest  of  the  said  C.  D. 
in  and  to  said  water  lot,  wharf  and  store,  the  same  estate, 
right,  title  and  interest,  being  an  equity  of  redemption 
in  and  to  said  water  lot,  wharf,  and  store  which  were 

then  subject  to  a  mortgage  to  one  M.  N.  of for 

the  security  of  the  payment  of  the  sum  of from 

him  the  said  C.  D.  to  him  the  said  M.  N.  at  the  sum 
of  $  500,  as  the  then  present  true  and  just  value  there- 
of, to  Ihe  said  A.  B. ,  the  creditor  in  this  execution  ; 
and  the  sum  due  on  this  execution  being  $  SOU  and  the 
legal  costs,  charges  and  fees  for  executing  the  same, 
being  $  25  which  two  last  mentioned  sums  amounting 
to  the  sum  of  $  325,  I  then  and  there  set  off  to  the 
said  A.  B.  an  estate,  right,  title  and  interest  in  and  to 
said  equity  of  redemption,  in  proportion  to  the  whole 
of  said  equity  of  redemption,  "as  the  sum  of  $  325, 
bears  to  the  sum  of  $  ,500,  in  full  satisfaction  of  this 
execution  and  all  legal  costs,  charges  and  fees,  for  ex- 
ecuting the  same,  (ft.s  m  the  preceding  form.} 

HAB.  FAC.  POSSESSIO.YEM. 

Hab.  fa&  BX  virtue,  &c.  I  certify  that  no  one  on  the  part  of 

poss.  the  within  named  A.  B.  came  to  show  to  me  the  mes- 

suage and  premises  within  described ;  wherefore,  I 
could  not  make  the  said  A.  B.  to  hrxvc  seizen  of  the 
sn  id  mrssuagr. 


COMPLETE  CONSTABLE.  113 

ANOTHER.  CHAP  XIII. 

By  virtue,  &c.  no  one  on  the  part  of  the  said  A.  B.    H"tp"TS"*/ 
came  to  show   me  the  tenements  within  specified ;    poss. 
therefore  I  could  not  make  the  said  A.  B.  to  have  pos- 
session of  his  said  term  in  said  tenements,  with  their 
appurtenances,  as  by  this  writ  is  required. 

ANOTHER. 

By  virtue  of  this  writ,  &c.  I  have  caused  the  said 
J.  S.  to  have  seizin  (or  possession)  of  the  within  de- 
scribed premises  :  And  at  the  same  time  received  of 

the  within  named  C.  D.  the  sum  of being  the 

full  amount  of  the  damages  and  costs  contained  in  this 
execution. 

N.  B.  When  the  damages  and  costs  are  not  paid  by 
the  defendant,  the  proceeding  to  obtain  the  money,  is  the 
same  as  on  other  executions  for  the  collection  of  money 
•nly. 

OF  SUPERSEDES. 

I  certify,  &c.   that  on  the day  of  — —  after   Superse- 

the  coming  of  this  writ  to  me  directed,  and  before  I  <^eas% 
had  commenced  the  execution  thereof,  I  was  duly  no- 
tified, that  a  lawful  writ  of  error  with  bonds  thereon 
given,  had  been  issued  for  the  reversal  of  the  judgment 
on  which  the  writ  first  above  mentioned  was  issued, 
by  a  copy  of  the  same  writ  of  error  having  been  then 
and  there  left  with  me  by  E.  G.  deputy  sheriff  for 

said  county   of the  tenor  of  which  copy  of  said 

writ  of  error  and  certificate  thereon  follows  in  these 
•words,  to  wit ;  (here  set  out  the  copy  of  the  writ  of  er- 
ror :)  By  reason  of  which  I  could  not  proceed  to  the 
execution  of  said  writ  first  above  mentioned,  as  there- 
in is  required  of  me. 


ill  COMPLETE  CONSTABLE. 


CHAP.  XIV.  Tl 


CHAPTER  XIV. 

RECEIPTS.— FOR  AN  ORIGINAL  WRIT. 
ECEIVED  this  day  of of  J.  B.  of 


origfnal  writ   ^ a  w"*  °^  attachment,  (or  any  other  writ,  as  the 

case  may  be,)  issued  in  favour  of  said  J.  B.   against 

"•  C.  D.   of  L.   aforesaid,  demanding  the  sum  of 

damages  and  costs,  directed  to  the  sheriff  of  the  coun- 
ty of his  deputy  or  either  of  the  constables  of 

said  L.  signed  by  R..  H.  justice  of  the  peace,  (or  by 
assistant,  or  by  justice  of  the  quorum,  or  by  a  judge  of 
the  County  Court,  or  by  a  judge  of  the  Superior  Court,  or 
by  the  Lieutenant  Governor,  or  by  the  Governor,)  and  re- 
turnable before  M.  IN",  justice  of  the  peace,  (or  any 
other  justice,  as  the  case  may  be,  naming  him,)  at  his 
dwelling  houre  in  said  L.  on  the day  of in- 
stant, (or  next)  at o'clock,  in  the noon,  to 

serve  and  return  according  to  law.  G.  H.  constable  of  L. 

K.  B.  If  the  writ  be  returnable  before  the  Coun- 
ty Court,  say,  before  the  County  Court  to  be  held  at 
in  and  for  the  county  of on  the Tues- 
day of next,  (or  instant.)  If  before  the  Superior 

Court  only,  inseit  the  word  superior  instead  of  county, 
before  court.  If  before  the  Supreme  Court  of  Errors, 

say,  Supreme  Cdurt  of  Errors  to  be  holden  at in 

and  for  the  State  of  Connecticut.  If  before  the  Gen- 

j,.  eral  Assembly,  say,  before  the  General  Assembly  of 

the  State  of  Connecticut,  to  be  holden  at in  and 

for  said  State,  on  the  second  Thursday  of 

Goods  atta- 

n^firocTss!'  FOR  GOODS  ATTACHED  ON  MESJYE  PROCESS 
Received  this day  of——  of  J.  H.  a  consta- 


COMPLETE  CONSTABLE.  m 

ble  of  L.  one  pair  of  oxen,  and  oue  silver  watch,  all  of   CHAP.  XIV. 

the  value  of dollars,  and  the  property  of  C.  D.     ^if^^^ 

of  said  L.  taken  by  said  constable,  by  virtue  of  a  writ 
of  attachment,  issued  in  favour  of  J.  B.  &c.  (here  dc- 
scsibe  the  writ  as  in  the  preceding  receipt  for  an  ori- 
ginal writ ;)  which  oxen  and  watch  we  promise  to 
keep  safely  and  redeliver  to  said  constable,  within  the 
limits  of  said  L.  on  demand.  R.  O. 

P.  Q. 

FOR  AN  EXECUTION. 

Received  this day  of of  A.  B.  of an   For  execn* 

execution  issued  on  judgment  rendered  by  J.  B.  esq.    tlon< 

justice  of  the  peace,  in  and  for  the  county  of on 

the day  of in  favour  of  him  the  said  A.  B. 

against  C.  D.  of  said lor  the  sura  of dollars 

damages,  and  for  the  sum  of dollars,  for  costs  of 

suit,  and  for  17  cents  more  for  said  execution,  directed 
to  the  sheriff  of  the  county  of his  deputy  or  eith- 
er constable  of  said dated  the  •  day  of 

returnable  in  sixty  days  from  said  date,  and  signed  by 
J.  B.  justice  of  the  peace,  to  execute  and  account  for. 

N.  B.  If  the  execution  be  issued  from  a  County,  or  Supe- 
rior Court,  say,  on  a  judgment  issued  by  the court 

held  at in  and  for  the  county  of on  the day 

of and  returnable   in   sixty  days  next  coming  ; 

unless  the  words  sixty  days  next  coming,  be  stricken  out 
in  which  case  say,  returnable  according  to  law  ;  and 
signed  D.  B.  Clerk  of  said  court. 

FOR  GOODS  TAKEN  IN  EXECUTION. 

Received  this day  of of  G.  H.  a  consta-    Goods  taken 

ble  of  L.  one  horse  and  one  chaise,  both  of  the  value   onexecution- 

of .dollars,  and  the  propeity  of  C.  D.  of  said 

taken  by  said  constable,  by  virtue  of  an  execution 
issued  on  a  judgment  rendered  by  J.  B.  esquire,  justice 

of  the  peace  for county  on  the day  of 

in  favour  of  A.  B.  aforesaid,  against  said  C.  D.  &c. 


116 


COMPLETE  CONSTABLE. 


CHAP  XIV.    (here  describe  the  execution  as  in  the  form  immediately 

jf^^T^     preceding  ;)  which  horse  and  chaise  we  promise  to 

keep  safely  and  redeliver  to  said  constable,  at  the 

sign  post  in          .  society  in  said on  the day 

of  —  next  (or  instant,)  at  —  o'clock  in  the  — — - 
noon. 


COMPLETE  CONSTABLE.  117 


CHAPTER  XV. 
EX-OFFIC1O  RETURNS. 

Of  an  arrest  for  Sabbath-breach  or  profaning  ibf 
Lord's  day. 


JL.HE 


Lord's  day  or  Sabbath,  is  that  portion  of  the    CHAP.  XV. 
first  day  of  the  week,  on  which,  by  the  light  of  the  sun,     ^JT^^J^ 
one  man  may  know  the  countenance  of  another.     The    Sabbath 
dark  season  immediately  preceding  the  appearance  of  breakers. 
day  light,  on  the  first  day  of  the  wet  k,  is  a  part  of  the 
"  evening  next  before  the  Lord's  day,"  and  the  dark 
season  immediately  succeeding  to  day  light  on  such  6rst 
day  of  the  week,  is  the  "  evening  next  following"  the 
Lord's  day. 

H County  ss.  G June  22rf.  181. 

I  A.  B.  a  constable  of  said  town  of  G. come 

before  J.  B.  of  G. aforesaid,  esquire,  one  of»  the 

Justices  assigned  to  keep  the  peace  in  and  for  said  coun- 
ty of  H and  upon  my  oath  of  office  inform  and 

return,  that  on  the  21st  day  of  June  instant,  after  the 
appearance  of  day  light  on  the  morning  of  said  21st 
day  of  June,  and  before  the  day  light  on  the  same  day 
•was  gone,  and  the  evening  thereof  had  commenced,  du- 
ring the  Sabbath  or  Lord's  day,  on  said  2 1  st  day  of  June, 
one  S.  W.  of  G. aforesaid,  in  breach  of  the  Sab- 
bath aforesaid,  and  in  profanation  of  the  Lord's  day, 
did  in  the  presence  and  view  of  me  the  said  constable, 
•with  a  hoe,  labour  in  his  the  said  S.  W.'s  garden  in  said 

G. against  the  form  and  effect  of  the  statute 

law  of  this  State,  in  such  case  made  and  provided  : — 
"Whereupon,  by  virtue  of  tke  statute  law  of  this  State 


lib  COMPLETE  CONSTABLE. 

CHAP.  XV.    in  such  case  made  and  provided,  I  the  said  constable, 

Of*^^/     *hen  an<l  there,  arested  him  the  said  S.  W.  while  SQ 

hoing  in  his  said  garden,  and  him  detained  and  held, 

and  now  havet>efore  you  the  said  J.  B.  justice  of  the 

peace,  to  be  further  dealt  with  as  the  law  icquires. 

ANOTHER. 

I  A.  B.  constable,  &c.  Cos  in  the  preceding, )  one 
L.  O.  of,  &c.  in  breach  of  the  Sabbath,  and  profana- 
tion of  the  Lord's  day  aforesaid,  did  with  a  waggon 
drawn  by  two  horses  and  loaded  with  a  puncheon  of 
rum,  travel  from  B.  in  said  couuty  to  N.  in  the  county 
aforesaid,  against  the  form  and  effect  of  the  statute 
lawe  of  the  State,  in  such  case  made  and  provided  : — 
Whereupon,  I  the  said  constable  while  the  said  L.  O. 
was  at  said  N.  so  travelling  as  aforesaid,  by  virtue  of 
the  same  statute  law  of  this  State  in  such  case  made 
and  provided,  did  arrest  him  the  said  L.  O.  and  him 
detained  and  held,  &e. 

ANOTHER. 

I  A.  B.  constable,  &c.  one  P.  S.  of aforesaid  in 

breach  of  the  Sabbath  and  profanation  of  the  Lord's 
day,  did  (in  company  with  certain  other  persons  whose 
names  and  places  of  residence  are  to  me  unknown,  who 
were  then  and  there  present,  but  immediately  abscond- 
ed and  secreted  themselves,)  play  at  cards  contrary  to 
the  form  and  effect  of  the  statute  law  of  this  State  in 
such  case  made  and  provided  : — Wherupon  I  the  said 
constable  on  the  present  information  of  H.  R.  of  saf^ 

did  repair  to  the  dwelling  house  of in  said 

and  then  and  there,  on  the  Lord's  day  aforesaid, 

by  virtue  of  the  statute  law  of  this  State  in  such  case. 
made  and  provided,  arrested  him  the  said  P.  S.  with 
cards  in  his  hands,  and  pockets,  and  lying  on  the  table 
there  present,  (his  companions  making  their  escape  as 
aforesaid,)  and  him  the  said  P.  S.  detained  and  held 
«nd  now  have,  &c. 


COMPLETE  CONSTABLE.  H9 

DRUNKENNESS.  CHAP.  XV. 

Drunkenness  is  the  crime  of  drinking  any  spirilttotis   •f^drunk- 
liguor  in  such  quantity,  as  thereby  to  bereave  and  disable    enness. 
the  dmnken  in  the  use  of  his  reason  and  understanding 
appiirretit  in  his  speech^  gesture  or  behaviour. 

H.  —, County  ss,  G. June  22d.  1812. 

I  A.  B.  constable  of  said  town  of  G. come 

before  F.  H.  of  said  G.  esquire,  one  of  the  justices 
assigned  to  keep  the  peace  in  said  county,  and  on  my 

oath  of  office,  inform  and  return,  that  at  said  G. 

on  this  same  22d  day  of  June,  1812,  at  nine  o'clock  in 
the  forenoon,  one  A.  F.  was  by  me  the  said  constable 
found  drunken  so  that  he  the  said  A.  F.  was  thereby 
bereaved  and  disabled  in  the  use  of  his  reason  and 
understanding  apparent  in  his  speech,  gesture  and 
behaviour  :  Whereupon  I  then  and  there,  by  virtue 
of  the  statute  law  of  this  Stale,  in  such  case  made 
and  provided,  arrested  him  the  said  A.  F.  and  now 
have  him  before  you  the  said  F.  H.  justice  of  the 
peace,  to  be  dealt  with  as  the  law  requires. 

PROFANE  SWEARING. 


County  ss.  S June  1 2th.  1812. 


I  A.  B.  constable  of  said  town  of  S come  be-   Profane 

fore  J.  B.  of  said  S —  —  esquire,  one  of  the  justices   Swean"S« 

assigned  to  keep  the  peace  in  said  county  of  F 

and  on  my  oath  of  office,  inform  and  return  that  at 

aforesaid  on  the day  of one 

N.  M.  of  said did  in  the  presence  and  hearing 

of  me  the  said  constable,  profanely  swear  by  the  name 
of  GOD,  (or  any  other  oaili)  contrary  to  the  form  and 
effect  of  the  statute  law  of  this  State  in  such  case 
made  and  provided  :  Whereupon  by  virtue  of  the 
statute  law  in  such  case  made  and  provided,  I  then 
and  there  arrested  the  said  N.  M.  and  him  held  and 
have  before  you  the  said  J.  B.  justice  of  the  peace. to 
be  dealt  with  as  the  law  requires. 


120  COMPLETE  CONSTABLE. 

CHAP.  XV.  PROFANE  CURSING. 

Profane  cur-  N"  H'  Cotmly  as.  D.  June  25th,  1812. 

s*»g-  I  A.  B.  a  constable  of  said  D came  before 

J.  S.  of  said  D.  esquire,  one  of  the  justices  assigned 

to  keep  the  peace  in  said  county  of  JN".  II.  

and  on  my  oath  of  office,  inform  that  S.  AV.  of  said 

at aforesaid  on  the —  day  of 

instant  did  in  the  presence  and  hearing  of  me  the  said 
constable,  sinfully  and  wickedly  curse  on  J.  B.  of  s.id 

in  these  words,  to  wit,  "  God  damn  you  J.  JS." 

(or  any  other  form  of  imprecation.)  contrary  to  the 
form  and  the  effect  of  the  statute  law  of  this  State  in 
such  case  made  and  provided  ;  whereupon,  by  virtue 
of  one  other  statute  law  of  this  State  made  and  provi- 
ded, I  then  and  there  arrested  him  the  said  S.  W.  and 
him  held,  and  now  have  before  you  the  said  J.  S.  jus- 
tice of  the  peace,  to  be  further  dealt  with  as  the  law 
requires. 

NIGHT  WALKING. 

L. County  ss.  K.  June  22d.  1819. 

Night  walk-        I  A.  B.  a  constable  of  said  K.  come  before  J.  S.  of 
'"£•  said  K.  esquire,  one  of  the  justices  assigned  to  keep 

the  peace  in  said  county  of  L and  on  my  oath 

of  office,   inform  and  return,  that  on  the  night  of  the 

day  of A.  D. after  nine  o'clock  of 

the  same  night,    and  before  day  light  of  the  following 

day,  J.  K.,  R.  W.  and  T.  V.  all  of  said  K 

did  meet  together  in  a  street  in  said  K called 

and  thence  did  proceed  to  walk  the   different 

streets  in  said  K .  during  such  unseasonable  hours. 

between  said  hour  of  nine  on  said  night  of  said 

day  of ...  and  the  appearance  of  daylight  on  the  fol 
lowing  day,  to  the  terrifying  the  good  people  of  said  K. 
and  the  disturbance  of  their  repose  and  quiet,  contrary 
to  law  and  against  the  peace  of  this  State  of  Connecti- 
cut ;  and  that  on  present  information  thereof  to  me 

given  by  R.  H.  one  of  the  citizens  of  said  K I 

the  said  constable  by  virtue  of  the  oath  and  duty  of  mv 


COMPLETE  CONSTABLE. 

«ffice,  went  to  a  certain  street  called in  said  K. 

where  at  the  hour  of  eleven  of  said  night,  I  by 

virtue  of  the  statutelaw  of  this  State  in  such  case  made 
and  provided,  arrested  the  said  J.  K.,R.  W.  and  T.  V. 
so  walking  as  aforesaid  in  the  disturbance  of  the  repose 
and  quiet  of  the  good  people  of  the  said  K.  and  to 
their  terror,  and  them  the  said  J.  K.,  R.  W.  and  T.  V. 
held  and  now  have  before  you  the  said  J.  S.  justice  of 
the  peace,  to  be  dealt  with  as  the  law  requires. 

FOR  A  RIOT. 

F. County  ss,  B June  22<£.  1819. 

I  A.  B.  constable  of  said  B.  come  before  R.  W.  of 
said  B.  esquire,  one  of  the  justices  assigned  to  keep  the 
peace  in  said  county,  and  on  my  oath  of  office,  in- 
form and  return,  that  at  said  B.  on  fie day  of 

A.  D. .  L.  M.  N.  and  O.  all  of  said  B. 

did  with  force  and  arms,  unlawfully  and  riotously,  and 
to  the  terror  of  the  people,  assemble  themselves  to- 
gether to  the  intent  to  pull  down  and  demolish  a  cer- 
tain building,  called  a  printing  office,  the  property  of 
and  belongs  to  L.  B.  of  B.  and  the  furniture,  tools, 
implements  and  paper  and  ink  in  said  printing  office, 
prepared  for,  and  used  in  printing  the  weekly  new*- 
paper,  called  the all  of  the  value  of  one  thou- 
sand dollars,  utterly  to  destroy  and  render  of  no 
value  ;  and  the  person  of  the  said  L.  B.  to  beat,  bruise, 
wound  and  evilly  iutreat,  and  his  body  to  cover  with 

tar  and  feathers  ;  and  that  on  the  same day  of 

I  the  said  constable  being  informed  of  the  riotous 

assembly  of  the  said  L.  M.  N,  and  O.  and  others,  for 
the  purpose  aforesaid,  forthwith  repaired  to  the  place 
where  they  the  said  L.  M.  N.  and  O.  and  others  were 
so  assembled,  and  made  proclamation  to  said  rioters 
and  all  the  persons,  then  and  there  so  riotously  and 
unlawfully  assembled,  according  to  the  form  prescri- 
bed in  the  statute  law  of  this  State,  in  such  case  made 
and  provided,  and  in  the  name,  and  by  Ike  authority 
Q 


191 

CHAP.  XV. 
Of  returns 


For  a  riot. 


1S3  COMPLETE  CONSTABLE, 

CHAP.  XV.  of  the  State  of  Connecticut,  commanded  and  charged 
^^^^  all  the  persons  so  assembled,  immediately  to  disperse 
themselves  and  peaceably  to  depart  to  their  habita- 
tions, or  to  their  lawful  business,  upon  the  pain  and 
penalties  contained  in  the  act  or  law  of  this  State, 
entitled,  "  An  Act  for  preventing  and  punishing  riots 
and  rioters  .-"  And  that  the  said  L.  M.  N.  and  O.  and 
others,  not  regarding  said  proclamation  and  then1  duties 
as  citizens  of  this  State,  coutiaued  together  and  did 
not  disperse  themselves,  but  in  pursuance  of  their  said 
unlawful  intent,  commenced  with  force  and  violence 
the  pulling  down  of  said  building,  called  a  printing 
office,  contrary  to  the  form  and  effect  of  said  act  or 
law — and  against  the  peace  ;  and  that  I,  the  said 
constable  then  and  there,  by  virtue  of  the  Statute 
JLaw  of  this  State  in  such  case  made  arid  provided, 
arrested  the  bodies  of  the  said  L.  M.  N.  and  O.  and 
them  held  and  now  have  before  you  the  said  jusitce  of 
the  peace,  that  they  may  be  dealt  with  as  the  law 
requires-.  A.  B.  Constable. 


jfr, 


CHAPTER  XVI. 

INFORMATIONS. 

For  using  undue  influence  at  an  Election. 

nr 

JL  O  J.  B.  of in  the  county  of esquire,    CHAP.  XVI. 

one  of  the  justices  assigned  to  keep  the  peace  in  said     vT^v-^"/ 

county,  comes  A.  B.  a  constable  of  said and         tions. 

by  virtue  of  the  statute  law  of  this  State  in  such  case    Using  undue 
made  and  provided,  on  his  oath,  informs  that  on  the   jjjjj^  at 

day  of the  day  on  which  by  law  a 

Freeman's  Meeting  is  to  be  held  in  each  of  the  towns 
of  this  State  of  Connecticut,  and  while  the  freemen  of 
said  town  were  convened  in  legal  Freeman's  Meeting, 
after  the  same  had  been  opened  for  the  election  of  the 
officers  of  this  State,  on  said  day  by  law  to  be  chosen, 
and  after  the  officer  presiding  in  said  meeting  had 
called  for  the  votes  for  the  (first)  Representative  to 
represent  said  town  in  the  General  Assembly  to  be 

holden  on then  next,  (or  Assistant,  or 

Governour,  or  Lieutenant  Govcrncur,  or  a  Representa- 
tive of  this  State  in  the  Congress  of  the  United  Slates,&c.) 
and  before  said  presiding  officer  had  done  receiving 
the  votes  for  such  Representative,  (or  Assistant,  <tc.) 

M.  N.  of  said then  in  said  Freeman's  Meeting, 

in  the  town  house,  (or  other  place  tvJiere  such  meeting  is 

held,}  in  said did  offer  to  O.  L.  a  freeman  of  said 

a  written  vote  for  G.  S.  ac  a  candidate  for  elec- 
tion as  Representative,  (or.  Assistant,  &c.}  for  the  pur- 
pose of  unduly  influencing  him  the  said  O.  L.  IP 


124  COMPLETE  CONSTABLE. 

CHAP  XVI.   rote  for  him  the  said  G.  S.  for  a  Representative/ 
Information     (or  ^ss^ta>tt^  &c-)   without    any  request    from   him 
the  said  O.   L.  and  when  in  fact  he  had  made  no 
such  request,  against  the  form  and  effect  of  the  statute 
law  of  this  State  in  such  case  made  and  provided. 

A.  B.  Constable. 

ANOTHER, 
For  voting,  not  being  a  Freeman. 

being  a  free-        fo  J.  B.  (as  in  the  preceding,  until  the  offender  is 

named,)  M.  N.  of  said not  being  a  freeman  of  this 

State  of  Connecticut,  did  deliver  to  the  officer  pre- 
siding in  said  meeting,  on  the  top  of  the  box  by  him 
held  for  the  purpose  of  receiving  the  votes  of  the 
freemen  present  in  said  meeting,  (or  did  pid  into  the 
box,  &c.)  a  written  vote  for  J.  L.  (  or  for  some  person 
whose  name  is  not  known,)  against  the  form  and  effect 
of  the  statute  law  of  this  State  in  such  case  made  and 
provided. 

ANOTHER.— FOR  BRIBERY. 

To  J.  B.  of in  the  county  of esquire,  one 

of  the  justices,  &c.  comes  A.  B.  a  constable,  &c. 

that  on  the day  of at  said S.  W.  of 

in  said  county  of did  offer  to  R.  H.  a  free- 
man of  said that  if  he  the  said  R.  H.  would  in 

the  Freeman's  Meeting  then  next  to  be  holden,  (or  to 

be  holden  on  the day  of )  in  the  said vote 

for  him  the  said  S.  W.  to  Le  Representative  in  the 
General  Assembly  of  this  State,  then  next  to  be  hold- 
en,  (or  to  be  holden  on  the day  of ) 

he  the  said  S.  W.  would  give  to  him  the  said  R.  IL 
one  quart  of  whiskey,  (or  any  other  thing  or  sum,)  so 
soon  as  conveniently  might  be  done  after  the  close  of 
such  Freeman's  Meeting,  against  the  form  and  effect  of 
the  st  itute  law  of  this  Slate  in  ettfh  case  made  ani 
provided. 


COMPLETE  CONSTABLE.  125 

ANOTHER.  CHAP.  XVL 

To  J.  B.  &c.     M.  N.  of  W. &c.  a  freeman  of    j^^. 

said  — —  did  accept   and  receive   from  S.  W.  of  said 

OH  the  same  day  in  freeman's  meeting  elected  to 

represent  said  town  of in  the  General  Assembly 

of  this  State,  held  on  the day  of at 

in  said  State,  (or  to  be  held,  &c.)  one  quart  of  whiskey 
by  way  of  reward  for  his  the  said  M.  N.'s  having  on 

the  same  freeman's  meeting  held  in  said on  the 

day  of at   which  said   S.   \V.  was  so 

elected  to  represent    said    town  of in  said 

General  Assembly,  given  his  the  said  M.  N's.  vote 
for  him  the  said  S.  W.  for  Representative  as  aforesaid, 
against  the  form  and  effect,  &c. 

ANOTHER. 

To  J.  B.  &c.     M.   N.  of &c.  on  the 

day   of at  said chosen  by  the  freemen  of 

said to  represent  said  town,  «fcc.  did  on  the  same 

day  of the  day   on   which  said  freeman's 

meeting  was  held  in  said before  the  opening 

of  said  freeman's  meeting,  (  or  after  the  close  of  said 

meeting,  or  on  the  —  day  of previous  to 

the  day  on  rvhich    such  freeman's  meeting  was  held,) 

at  said did  offer,   and  gratuitously   distribute  a- 

mong  divers  persons,    freemen  of  said  town  of 

spiritous  liquors,  rum,  cyder-brandy,  and  whiskey, 
with  the  evident  intent  to  procure  the  votes  of  said 
freemen  to  be  given  for  him  the  said  M.  N.  in  said 
meeting,  as  a  Representative  to  represent  said  town,  in 
the  General  Assembly  of  this  State,  to  be  held  on  the 

day  of in  said  state  (or  if  after  the  meeting) 

to  reward  the  said  freemen  for  having  voted  for  him 
the  said  M.  JN".  in  said  freeman's  meeting,  to  repre- 
sent, &c.  against  the  form  and  effect  of  the  statute,  <tr; 


126  COMPLETE  CONSTABLE. 

CBAP.  XVI.  ANOTHER. 

'^C'UK^I  Fffr  Sabbath  breach,  in  disturbing  public  worship. 

breach.  To  3.  B.  of  S in  F county,  Esq.  one  of  the 

justices  assigned  to  keep  the  peace  in  said  county, 
comes  A.  B.  a  constable  of  said  S.  and  on  his  oath  in- 
forms, that  on  the  Lord's  day,  in  the  forenoon  of  the 
51st  day  of  June  A.  D.  1 812,  during  the  time  of  pub- 
lic worship,  iu  the  presbyterian  meeting  house  in  B. 
in  said  county,  at  the  time  when  a  psalm  was  singing 
by  the  musical  choir  in  said  meeting  house,  one  John 
Stiles  of  said  S.  then  and  there  in  said  meeting  house 
being,  with  design  to  excite  the  laughter  of  some,  and 
indignation  of  other  members  of  the  congregation 
therein,  and  to  disturb  and  cast  contempt  upon  the 
solemn  worship  of  God,  then  solemnizing  in  said  meet- 
ing house,  under  a  pretext  of  joining  said  choir  in  sing- 
ing such  psalm,  did  by  distortions  of  his  countenance, 
rolling  his  eyes,  bloating  his  cheeks,  and  bellowing 
•with  his  voice,  profane  the  worship  of  God,  in  said 
meeting  house,  and  greatly  disturb  all  serious  people 
capable  of  distinguishing  sounds  in  said  congregation, 
in  the  solemnity  of  singing  praise  to  his  name,  against 
the  form  and  effect  of  the  statute  law  of  this  State  in 
such  case  made  and  provided. 


COMPLETE  CONSTABLE*  1*7 


CHAPTER  XVII. 

DEED  OF  LAND  SOLD  BY  CONSTABLE  ON  DIS- 
TRESS WARRANT. 

To  all  people  to  whom  these  presents  shall  come,  Greeting : 


K 


-NOW  ye,  that  I,  A.  B.  a  constable  of  the  town 

of  C in  the  county  of  E collector  of  the  State 

tax  for  the  year by  virtue  of  a  warrant  to  me 

directed,  dated  the day  of ,  signed  by  A.  K. 

Treasurer  of  the  State  of  Connecticut,  me  requiring 
and  commanding  to  collect  of  the  inhabitants  of  said 

town  of  C. mills  on  the  dollar,  amounting  to  the 

sum  of with  all  additions  made  thereto,  out  of 

the  goods  or  estates  of  such  inhabitants,  and  to  settle 
my  accounts  with  said  treasurer  by  the  first  day  of 
December  then  next ;  for  want  of  goods  of  J.  S.  one 

of  the   inhabitants  of  said  C (or  a  person  named 

in  said  list,)  found  within  my  precincts,  on  the 

day  of having  taken  six  acres  of  land  the  proper- 
ty of  the  said  J.  S.,  and  on  the  same day  of 

having  advertised   on   the   sign  post  iii society, 

•wherein,  in  said  C said  land  lies,  that  on  this  -    — 

day  of so  much  of  said  land,  would,  at  said  sign 

post,  be  sold  at  public  auction  for  the  payment  of  said 
tax  as  would  be  sufficient  for  said  payment ;  and  also, 
having  three  weeks  successively,  six  weeks  before  this 
same day  ef published  the  uaine  advertise- 
ment in  thepublic  newspaper,  called  the printed  at 

in  this  State,  I  the  said  constable  aad  collector 

by  virtue  of  said  warrant,  and  of  the  proceedings  a- 
bove  stated  thereon  had,  and  for  the  consideration  of 

dollars,  at  said  sign  post,  at  public  auction, 

sold  unto  C.  H.  of  — -—  in  said  county,  two  acres  and 


128  COMPLETE  CONSTABLE. 

CHAP.XVU.  three  quarters  of  the  land  aforesaid  ;  and  by  these  pres- 
ents do  sell,grai)t,  and  confirm  unto  him  the  said  G.  H. 
and  to  his  heirs  and  assigns  forever  the  said  two  acres 
and  three  quarters  of  land,  the  same  being  situate  iu 

said society  and  bounded,  (here  describe  the 

bounds,  Jlo  have  and  to  hold  the  above  sold,  granted 
and  confirmed  premises  with  the  privileges  and  appur- 
tenances thereof,  unto  him  the  said  G.  H.  his  heirs  and 
assigns  for  ever  ;  to  his  and  their  own  proper  use  and 
behoof ;  and  I  the  said  constable  and  collector,  do  by 
these  presents  bind  myself  and  my  heirs,  for  ever  to 
warrant  and  defend  the  above  sold,  granted,  and  con- 
firmed premises,  to  him  the  said  G.  H.  his  heirs  and 
assigns,  against  all  claims  and  demands  whatsoever. 

In  witness  whereof  I  have  hereunto  set  my  seal  and 

subscribed  ray  name  and  office,  this day  of  — — 

A.  D.  

A.  B.  Constable  of and  collector  of  the 

State  tax  on  the  list  of  the  year  •— 

Signed,  sealed  and  delivered  > 
in  presence  of  \ 

In  case  the  collector  can  find  no  goods  or  estate  of 
the  person  from  whom  the  tax  is  due,  and  there  is  real 
estate  which  belonged  to  him  at  the  time  the  list  was 
made  «_/?,  whereon  the  tax  was  laid,  instead  of  saying, 
"  for  want  of  goods  of  the  said  J.  S."  say,  for  want  of 
goods  or  any  other  estate  of  the  said  J.  S.  to  be  found 
within  my  precincts,  I  took  six  acres  of  land  belonging 
to  him  the  said  J.  S.  at  the  time  of  making  up  the 
list  aforesaid,  on  which  said  tax  was  laid. 

RETURN  OF  WARRANT  OF  DISTRESS. 
The  proceedings  on  a  warrant  of  distress  .when  levi- 
ed on  goods,  chattels  or  body,  are  the  same  as  in  the  lew? 
itf  executions  ;  but  when  such  warrant  is  levied  on  real. 

<*•  f-tfr.  the  r??«rte  taken  must  be  w/rf  «f  faction. 


COMPLETE  CONSTABLE.  159 

By  virtue,  &c.  There  being  no  goods  or  chattels  of   CHAP.XVII. 
J.  S.  one  of  the  inhabitants  of  said  town  of  C — —  (or     v*-^v*^^/ 
named  in  the  schedule  hereunto  annexed,)  found  in 
my  precincts,  I  took  six  acres  of  land  the  property  of 
the  said  J.  S.  (or  there  being  no  goods,  chattels  or  any 
other  estate  of  said  J.  S.  I  took  six  acres  of  land  be- 
longing to  the  said  J.  S.  at  the  time  of  making  up  the 
list,  whereon  said  tax  arose  and  was  laid ;  )  and  on  the 

^— —  day  of advertised  on  the  sign  post  in 

society,  in  said  C- where  said  land  lies,  that  on 

the day  of  — —  so  much  of  said  six  acres  of 

land  would  at  said  sign  post  be  sold  at  public  auction, 
as  would  be  sufficient  for  the  payment  of  said  tax  and 
all  necessary  charges ;  and  also  three  weeks  succes- 
sively, six  weeks  before  said day  of  — — •  I  pub- 
lished the  same  advertisement  in  the  public  news- 

paper  called  the  — — « printed  at in  this  State ; 

and  afterwards  to  wit  on  the  same  — —  day  of — — 
at  said  sign  post  I  at  public  auction,  ivithin  one  year 

after  said  tax  became  due,  sold  to  G.  II.  of- two 

acres  and  three  quarters  of  an  acre,  part  of  said  six 

acres  of  land,  for  the  sum  of  the  amount  of  said 

tax  and  the  lawful  costs  and  charges  arising  thereon ; 
•which  said  two  acres  and  three  quarters  of  land,  I 
then  and  there  set  off  to  him  the  said  G.  H.  by  metes 
and  bounds,  to  -wit,  (here  describe  the  length  of  lines 
and  the  bounds,)  and  then  and  there  executed,  acknow- 
ledged and  delivered  to  him  the  said  J.  S.  a  deed  with 
•warranty  of  said  two  acres  and  three  quarters  of  an 
acre  of  land  meted  and  bounded  as  aforesaid. 

S.  D.  Constable. 

ANOTHER. 

By  virtue,  &c.  I  have  levied  and  collected  the 
sums  of  money,  \vhich  by  this  warrant  I  was  required 
to  levy  and  collect  of  said  inhabitants,  and  persons 
named  in  said  list,  and  paid  the  same  over  to  said 
Treasurer,  as  I  am  within  commanded. 

S,  B.  Constable. 
R 


ADDENDA. 


ARREST. 

A  PLAINTIFF,  attending  frdm  day  to  day,  wait-   Partyattend- 
ing  at  a  tavern  in  the  vicinity  of  the  court  in  which   ^fg^,0"1^^ 
he  has  a  cause  pending,  and  in  expectation  of  its  trial,    arrest  on  ci- 
though  not  assigned  for  any  particular  day,  is  privi-    vil  P1"00685* 
leged  from  arrest  on  civil  process,  (a)    So  a  person  un- 
der a  recognizance  to  appear  before  a  court  of  criminal 
jurisdiction,  while  attending  such  court,  is  in  like  man- 
ner privileged  from  arrest.  (*) 

BONDS  AND  NOTES. 

If  a  defendant  be  arrested  on  execution,  and  the    Bond  to  in- 
officer,  while  holding  the  prisoner  in  execution,  takes   damnify  offi- 
a  bond  conditioned  to  indemnify  such  officer  from  all   committing 
costs  and  damages  to  which  he  may  be  subjected,  for    one  arrested 
not  committing  the  prisoner  upon  the  same  execution,    voia'. 
and  to  pay  the  debt  and  costs  for  which  the  execution 
was  issued,  such  bond  is  clearly  void,  it  being  taken 
for  an  indemnity  for  an  escape  then  in  contemplation 
to  be  committed,  and  the  party  not  being  entitled  to 
bail,  (c) 

If  an  officer,  instead  of  taking  a  bail  bond  from  a 
defendant  arrested  on  mesne  process,  take  a  negociable 
promissory  note,  payable  to  the  defendant,  and  by  him 
endorsed  in  blank  to  the  officer,  he  cannot  maintain 
an  action  against  the  promisor,  for  the  note  is  void.  (</) 

(a)  10  East,  438 

(b)  7  John.  Reji.  538. 

(c)Ibid.  2  John.  Cos.  253.    10  Co.  99.     Yclv.  129. 
(rf)  8  John.  Refi.  98. 


132  ADDENDA. 


EXECUTION. 

Discharge  of  ^  an  officer,  holding  an  execution  for  collection, 
execution.  pay  t],e  amount  thereof  out  of  his  own  money  to  the 
creditor,  the  execution  is  thereby  discharged  ;  and  the 
officer  cannot  for  reimbursing  himself  enforce  it  against 
the  defendant,  but  is  left  to  his  remedy  by  action  on 
the  contract  only  ;  and  if  by  his  negligence  or  other- 
wise, he  lose  that  remedy,  his  claim  fe  also  lost,  (e) 

If  an  officer  take  from  the  debtor  in  an  execution, 
a  bond  or  other  security  to  the  amount  of  such  execu- 
tion, such  bond,  &c.  is  a  payment  of  such  execution, 
•which  can  be  no  more  enforced  against  such  debtor-^/J 

Sales  upon  ^n  °^ce  w^°  takes  a  number  of  articles  on  an  ex- 
execution,  ecution,  ought  to  sell  them  separately,  if  distinct  in 
their  nature  and  not  necessary  to  each  other  to  be  used 
to  advantage  of  the  owner,  otherwise,  by  a.  lumping 
sale,  a  great  sacrifice  might  be  made  of  no  benefit  to 
the  creditor,  and  of  great  detriment  to  the  debtor,  (g) 

When  an  officer  lias  taken  goods  on  an  execution, 
he  must  sell  them  not  merely  to  the  highest  bidder, 
but  if  the  highest  bidder  is  unable  to  pay  the  money 
bid  to  the  officer,  he  ought  to  offer  them,  to  the  next 
highest  bidder  :  And  if  the  property  be  not  paid  for  at 
the  sale,  the  return  should  be  that  the  goods  were 
knocked  down  to  A.  B.  for  so  much,  who  did  not  pay 
the  money  and  therfore  the  goods  remain  unsold.  (/*) 

To  give  a  good  title  to  the  pupchaser  of  goods  and 
chattels  under  a  sale  upon  execution,  the  officer  must 
take  them  into  his  actual  possession,  and  have  them 

(e)  7  Johns.  Reft.  429. 

(f)  Ibid.    Kerb.  551. 
(£•)  1  Bin.  61. 

(h)  lDalt.419.    Hardin's  Reji.  181. 


ADDENDA.  I3J 

present  at  the  time  and  place  of  sale,  and  make  deliv- 
ery  to  the  purchaser,  otherwise  the  proceedings  are 
void  :  (i)  But  where  the  articles  are  of  a  nature  not  to 
admit  of  a  removal  to  such  place,  or  such  removal  will 
tend  to  defeat  the  object  of  the  levy,  either  by  a  de- 
struction of  the  articles,  or  by  occasioning  so  great  an 
expence  in  the  removal  as  to  absorb  the  avails,  a  sale 
without  the  articles  being  present,  has  been  held 
good.f/; 

If  an  ofSser  collect  money  on  an  execution,  and 
fail  to  return  the  truth  of  the  case,  he  is  liable  to  the 
plaintiff;  but  not  to  the  defendant,  who  is  not  injured 
by  the  neglect,  (fc) 

A  return  upon  an  execution  by  the  officer,  that  he 
has  taken  the  body  of  the  debtor,  and  that  he  is  dead, 
is  good,  without  saying  that  he  died  in  prison.  (1} 

An  officer  may  justify  under  an  execution,  which 
he  never  returned,  (m) 

If  an  officer  return,  that  he  has  callected  a  certain  sum 
by  virtue  of  an  execution,  ready  to  be  delivered  to  the 
party  entitled  to  receive  it,  the  officer  thereby  subjeta 
himself  to  the  payment  of  the  sum  returned,  though 
in  fact  no  money  was  by  him  received. 


execu" 


Goods  (though  they  include  all  the  property  of  the    Goods  taken 
debtor,)  assigned  by  him  for  the  benefit  of  such  of  his 
creditors,  as  shall  within  a  given  time  execute  to  such 
debtor,  a  release  of  all  their  demands,  after  an  accep- 
tance cf  such  assignment  by  any  creditor,  though  no 

(i)  2  Haywood  65. 

(j)  side  ante  ji. 

(£)  ffardin's  Rep.  489. 

(/)  Maryland  Refi.  540. 

(m)  8  John.  Rep.  52.    10  East.  73. 


134  ADDENDA. 

release  be  then  given,  may  not  be  taken  on  an  execu- 
tion against  such  debtor,  (n) 

Amendment  The  court  will  allow  an  officer,  on  his  affidavit  of 
the  omission  of  a  fact  in  his  return  which  he  intended 
to  have  stated,  to  amend  it  by  adding  thereto  the  fact 
so  stated  to  have  been  omitted,  (o) 

If  an  officer  permit  a  debtor,  taken  in  execution,  to 
escape,  and  such  officer  be  sued  for  the  escape,  he  can- 
not defend  on  the  ground  that  the  plaintiff's  attorney 
permitted  the  debtor  to  be  discharged.  For  an  attorn- 
ey has  no  authority,  as  such,  to  discharge  a  debtor 
from  an  arrest  on  execution,  until  the  money  be  paid., 
The  most  the  attorney  can  do,  is  to  receive  the  money 
and  acknowledge  satisfaction.  (j») 

(n)  2  Hardin  174, 
(o)  I  Ibid,  499. 
(/z)  8  Jo/m.  Rep.  361. 


INDEX. 


ACTIONS,  against  constables  must  be  commenced 
within  two  years  after  cause  of  action 
accrues,  22. 

of  Assumpsit  when  it  maybe  brought,  84 
Debt,  :         :         :         :         84 

Case,  :         :         :         :         85 

Trover,        :         :         :         :         87 
Trespass,      :         :         :         :         88 
False  imprisonment,     :        :        89 
ARREST,  what  and  by  whom  made,  36,  37. 
may  be  made  by  night,  37. 
in  criminal  cases  may  be  made  on  the 

Sabbath,  87. 

forms  of  returns  of,  95,  96. 
persons  privileged  from,  50. 
ATTACHMENT,  how  issued,  39. 

how  served  on  personal  property, 

42  to  46. 
body  and  estate  may  not  be  both 

taken  on  the  same  writ,  44. 
goods  taken  on,  how  longliable,45. 
foreign,  how  served,  46. 

must  be  served  fourteen 
days  before  trial,  47. 
how  served  on  bank  shares,  47. 

on  Turnpike  Insu- 
rance &c.  shares,  48. 

on  real  estate,  49. 
on  the  body,  49. 


INDEX. 

ATTACHMENT,  persons  privileged  from,  50. 
property  exempt  from,  45. 
forms  of  return  of,  97  to  101. 


B 


BAIL  must  be  taken  in  civiJ  actions,  54. 

if  apparently  sufficient  at  the  time  of  taking, 

the  officer  will  be  exonerated,  55. 
bonds  when  valid  and  when  void,  54  to  56. 
bonds,  forms  of,  92. 

forms  of  assignment  of,  93. 
of  receipts  for,  93. 


CONSTABLE,  his  appointment,  P. 

must  be  sworn,  on  his  oath,  1 0. 

general  duties,  10  to 

must  suppress  riots,  11. 

may  apprehend  rioters  without  war- 
rant, 11,  12. 

may  justify  all  necessary  violence 
even  the  killing  another,  in  the 
due  execution  of  his  office,  12, 
14,  15,20. 

must  raise  and  pursue  hue-and-cry,  1 3. 

may  without  warrant  arrest  felons, 
&c.  14,  15. 

may  in  certain  cases  break  doors  to 
apprehend  felons,  14,  15. 

must  make  search  for  sabbath-break- 
ers and  tipplers,  16,  17. 

must  assist  in  keeping  order  in  town 
meetings,  17. 

may  command  assistance,  1 8. 

must  on  proper  occasions  carry  a 
black  staff  as  a  badge  of  his  of- 
fice, 18. 


INDEX. 

CONSTABLE,  must  execute  warrants  from  justices 

of  the  peace,  1 9. 

need  not  show  his  warrant,  but  ought 
to  declare  the  substance  of  it,  20. 
is  an  informing  officer,  2 1 . 
must  serve  and  execute  writs,  21. 
duty  in  appointment  of  jurors,  21. 
must  serve  jury  warrants,  23. 
attend  on  juries,  24. 
take  inquest  of  sudden  deaths, 
24. 

cry  and  sell  cattle  impounded, 
25. 

pursue  runaway  servants,  25. 
remove  paupers,  25. 
unite  with  civil  authority  for 
suppressing  vice,  26. 
inspect  taverns,  26. 
warn  Freeman's  Meetings,  27. 
collect  Taxes,  29  to  32. 
their  power  therein,  30. 


ESCAPE,  what,  75. 

if  voluntary,  officer  cannot  retake  the  par- 
ty, 75. 

if  negligent,  party  may  be  retaken  where- 
ever  found,  and  the  officer  will  be  ex- 
cused, if  the  retaking  be  before  action 
brought,  75,  77. 

officer  cannot  be  charged  with,  until  party 
is  in  actual  custody,  75. 

if  on  mesne  process,  officer  is  only  liable 
for  the  actual  damage,  76. 

officer  may  permit  a  prisoner  arrested  on 
mesne  process,  to  go  at  large  andretal 
him  again  before  the  return  day,  not  so 
on  execution,  76. 
S 


INDEX. 

ESCAPE,  on  criminal  process,  if  negligent,  subjects 
the  officer  to  fine,  77. 

if  voluntary,  to  pun- 
ishment for  the  offence  of  which  the 
party  was  guilty,  77. 

admitting  to  bail  a  person  not  bailable,  con- 
stitutes a  voluntary  escape,  78. 

EXECUTION,  how  issued,  signed  and  directed,  57. 
demand  of  payment  must  be  made 
before  levy,  58,  70. 
articles  exempt  from,  59. 
goods  taken  on,  must  be  advertised 

and  sold  at  auction,  59. 
officer  may  break  the  house  of  a 
stranger,  to  levy  on  the  goods  or 
person  of  the  defendant  secreted 
therein,  59. 

may  not  be  levied  on  choses  in  ac- 
tion, 60. 
how  levied  on  goods  and  chattels, 

59. 

against  a  corporation,  may  not  be 
levied  on  individual  property, 
61. 

if  a  levy  be  commenced,  officer  may 
complete  it,  though  his  term  of 
office  expire  before  such  com- 
pletion, 61. 

a  sale  kgally  made  by  virtue  there- 
of, is  good  notwithstanding  a  suht- 
sequent  reversal  of  the  judgment, 
62. 

if  a  levy  be  commenced,  it  must  be 
completed  notwithstanding  a  writ 
of  error  be  brought,  62. 
if  an  officer  neglect  an  opportunity 
to  seize  the  goods  or  body  of  the 
defendant,he  becomes  liable  to  the 
creditor,  63. 


,    INDEX. 

EXECUTION,  how  levied  on  shares  in  corporate 
companies,  64. 

on  lands,  64,. 

how  appraisers  of  lands  levied  on, 
may  be  appointed,  65. 

after  levy  upon  land  and  appraisal 
had,  officer  cannot  desist  and  levy 
elsewhere,  66. 

a  chattel  interest  in  land,  or  an 
equity  of  redemption,  must  be  ap- 
praised as  real  estate,  66,  67. 

return  of  levy  upon  land,  must  con- 
tain a  statement  of  all  the  pro- 
ceedings therein,  65. 

how  levied  on  the  body,  67. 

prisoner  arrested  on,  must  be  com- 
mitted to  common  gaol,  67. 

•what  constitutes  an  arrest  there- 
on, 67. 

if  prisoner  escape,  officer  may  break 
a  house  to  retake  him,  68. 

a  discharge  to  one  defendant  on  a 
joint  execution,  discharges  them 
all,  68. 

returnable  according  to  law,  runs  to 
the  next  court  held  after  the  ex- 
piration of  sixty  days,  69. 

after  arrest,  the  body  may  be  lib- 
erated if  personal  property  suffi- 
cient be  tendered,  69. 

when  levied  and  collected,  officer 
must  endorse  the  fees  thereon, 
and  give  a  bill  if  required,  70. 

in  action  on  receipts  for  properly 
seized,  no  appeal  can  be  allowed, 
70. 

if  more  than  legal  fees  are  taken, 
officer  forfeits  three-fold,  71. 

forms  of,  returns  of,  J  08  to  1 1 S. 


INDEX. 
F 

FEES  regulated,  91. 

if  more  than  legal  be  takei),  officer  forfeits 

threefold,  71. 
FORMS,  of  bail  bonds,  08. 

assignment  of  bail  bonds,  93. 
receipt  for,  93. 
returns  of  summons,  95. 
of  arrest,  95,  96. 
of  attachment  of  the  body,  97. 

of  goods  and  chat- 
tels, 98. 

of  bank  stock,  99. 
foreign,  JOO. 
land,  101. 
Replevin,  101. 

execution  on  the  body,  103,  1 04. 
on  goods  and  chattels, 
106  to  109. 

on  lands,  1 09  to  1 1 2. 
hab.  fac.  poss.  1 1 2,  1 1 3. 
supersedeas,  113. 
of  receipts,  114,  116. 

ex-officio  returns,  1 17  to  122. 

informations,  123  to  126. 

deed  of  land  sold  on  distress  warrant, 

127,  128. 
return  of  distress  warrant,  128,  129. 


JURIES,  constable's  duty  in  relation  to,  23,  24. 
P 

PROCESS,  what  and  how  issued,  33  to  35. 
how  served,  35  to  37. 
civil,  39, 


INDEX. 

PROCESS,  original  how  issued,  39,  40. 

how  served,  41  to  58. 
may  not  be  drawn  or  filled  up  by 
constable,  52. 
where  to  be  returned,  51. 
fees  to  be  endorsed  thereon,  52. 


REPLEVIN  may  be  made  of  goods  attached,  47. 

on  writ  of,  officer  may  not  return  that 

he  cannot  make  deliverance,  80. 
nor  that  there  were  no  such  goods,  &c. 

80. 

forms  of  return  of,  101,  102. 
RESCOUS,  what,  73. 

cannot  be  committed  unless  the  goods  ox 

person  were  in  actual  custody,  73. 
may  be  returned  on  mesne  process,  72. 
not  so,  if  the  prisoner  be  actually  com- 
mitted, or  the  officer  have  notice, 
73. 
return  of,  ought  to  be  certain  and  spe- . 

cific,  73. 
officer  may  use  all  necessary  force  to 

prevent  it,  73. 
may  not  be  returned  on  execution,  unless 

made  by  public  enemies,  73. 
officer  may  maintain  trover  or  trespass 

for  goods  rescued,  73. 
return  of,  upon  execution,  makes  the 

officer  liable  to  the  plaintiff,  73. 
upon  mesne  process,  plaintifTs  remedy  is 
against  the  rescuers  only,  but  on  ex- 
ecution, against  either  them  or  the 
officer,  74. 
RETURN  of  process,  what,  79. 

of  rescue,  must  be  certain  and  explicit, 
79,  80.  - 


INDEX. 

RETURN  in  replevin  may  not  be,  that  he  cannot 

make  deliverance,  80. 
nor  that  there  are  no  such  goods  or  cattle, 

80. 
if  none  be  made  on  mesne  process,  officer 

Is  liable  to  action  by  both  parties,  80. 
need  not  be  made  on  execution,  where  the 

money  is  collected,  81. 
nulla  bana  may  not  be   returned  before 

return  day,  81. 

may  not  be  made  on  the  sabbath,  82. 
is  sufficient  if  it  can  be  ascertained  by  the 

•writ,  89. 

must  show  that  he  has  pursued  the  di- 
rections of  the  writ  according  to  law, 

82. 

must  be  good  in  substance  and  form,  82. 
forms  of  95  to  116. 


S 


SEARCH  WARRANTS,  what  and  how  issued,  35. 

how  served,  37,  38. 
SUMMONS,  how  issued,  39. 

how  served,  41. 

on  corporations,  42. 

forms  of  returns  of,  95. 


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